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Full text of "Annual report to Mayor"

S AN FRANc, Sco 



5 CLOSED 
STACKS 



'MHWT INFORMATION CENTER 
,iAMCISCO PUBLIC LIBRARY 



DOCUMENTS DEPARTMENT 



MAY 2 7 1978 

.^."ANCISCO PUBLIC LIBRARY 



3 1223 90186 3028 



1-U 



ANNUAL REPORT 



1967-68 



APR 2^ 



PUBLIC LIB?- 



JOHN JAY FERDON 



DISTRICT ATTORNEY 



CITY AND COUNTY 




& OF SAN FRANCISCO 



110 J- ?ZK 



ANNUAL REPORT TO MAYOR 



Submitted by 
JOHN JAY FERDON, DISTRICT ATTORNEY 



July 1, 1967 - June 30, 1968 



CONTENTS 

COMPLAINT DIVISION 1 

SUPERIOR COURT DIVISION 12 

BUSINESS INVESTIGATION SECTION 14 

GRAND JURY 17 

BUREAU OF INVESTIGATION 18 

PSYCHOPATHIC DIVISION 20 

AID TO FAMILIES WITH DEPENDENT CHILDREN 

INVESTIGATION DIVISION 25 

BUREAU OF FAMILY RELATIONS '29 

UNIFORM RECIPROCAL ENFORCEMENT OF 

SUPPORT DIVISION 32 



C0?f?LAINT DIVISION 

"No warrant" felony arrests are those arrests made by 
the police when they witness the commission of a felony or 
have reasonable cause to believe that a felony has been 
committed. 

To assure just disposition of these cases, the Assistant 
District Attorneys who review them before the filing of a 
complaint must possess a thorough knowledge of the current 
Federal and State criminal law. The Appellate Courts con- 
tinually review and reinterpret the laws of arrest, search 
and seizure, search warrants, confessions and admissions, 
criminal identification and other fields of the criminal 
law. 

The law imposes strict time limitations. All arrests 
must be handled with dispatch and with full regard for the 
rights of the public and the arrested person. The Complaint 
Division, having first contact with all cases, is responsible 
for initiating prosecutions. 

In this fiscal year the Complaint Division handled 
14,760 "no warrant" felony cases involving 10,764 defendants. 
This was an increase of 4,129 (almost 38%) over the 10,631 
cases of the previous fiscal year. 

After additional police investigation and examination 
by a lawyer of this division, it was found that 51% of these 

-1- 



matters were not legally sufficient for prosecution. These 
were discharged. Reduction to misdemeanor prosecution occurred 
in 157o of these arrests. They were not of sufficient legal or 
factual stature to be prosecuted as felonies. This left the 
remaining one- third of the arrests for felony prosecution. 

The following statistics disclose the type of offenses 
considered and the result of the hearings held to determine 
what complaint, if any, should be filed: 

SUSPICIONS 1967-1968 
TOTAL 
Narcotic Offenses 4,154 
Burglary 
Robbery 
Stolen Autos 
Check Offenses 
Theft 
Assaults 
Murder 

Gun Law Offenses 
Sex Offenses 
Conspiracy 
Driving Offenses 
Gambling 
Other Offenses 

TOTAL 14,760 4,770 7,674 2,316 

-2- 



TOTAL 


REBOOKED 


DISCHARGED 
2,137 


REDUCED 


4,154 


1,551 


466 


1,599 


739 


507 


353 


1,064 


411 


595 


58 


1,120 


442 


539 


139 


571 


290 


205 


76 


3,101 


560 


2,158 


383 


1,745 


445 


710 


590 


44 


34 


10 


- 


349 


57 


167 


125 


201 


77 


96 


28 


488 


40 


413 


35 


83 


28 


31 


24 


36 


33 


3 


- 


205 


63 


103 


39 



Felony Cases in Court 

All "no warrant" felony arrests which have passed legal 
scrutiny next appear on the calendar of the Municipal Court, 
along with arrests made upon warrant of a magistrate. 

During the reported fiscal year, six courts were conduct- 
ing preliminary hearings, requiring adequate factual and legal 
preparation of each case. One Municipal Court, Department #13, 
is assigned exclusively to the hearing of felony cases. 

In this category, due to improved methods of review by 
this office, the number of cases only increased to 6,301 from 
6,293 for the previous year, involving 5,286 defendants. This 
total included felony arrests on warrant. 

Sometimes after preliminary hearing, additional factors 
appear which cause the reevaluation of a case. This year's 
felony hearings resulted in a reduction to misdemeanor of 21% 
and the outright dismissal of 25%; felony cases held for trial 
in Superior Court amounted to 447 e ; the remaining 107 o are 
pending or disposed of by guilty pleas or other procedures. 

A considerable number of the dismissals in Municipal 
Court were due to the individuals involved being indicted by 
the County Grand Jury before the preliminary hearing was held. 

The following table reveals the type of offense involved 
and the dispositions made: 



-3- 



FELONY CASES IN COURT 1967-1968 

To 
Dis- Re- Pend- Glty Juv. Off 
Total Held missed duced ing Plea Ct . Cal 

Narcotic Offenses 1790 940 

Burglary 892 436 

Robbery 467 240 

Stolen Autos 503 191 

Check Offenses 525 165 101 197 44 4 14 

Theft 



367 


246 


174 


11 


23 


29 


194 


193 


43 


- 


17 


9 


157 


43 


23 


- 


3 


1 


104 


166 


30 


^ 


10 


2 



828 


266 


238 


240 


68 


4 


6 


6 


630 


281 


175 


127 


42 


_ 


2 


3 



Assaults 

Murder 45 5 37 - 3 

Gun Law Offenses 86 34 24 17 10 



Sex Offenses 


152 


67 


62 


15 


4 


- 


- 


4 


Conspiracy 


68 


6 


39 


20 


3 


•» 


- 


- 


Driving Offenses 


51 


25 


7 


15 


4 


- 


• 


- 


Gambling 


30 


15 


7 


1 


7 


- 


- 


T 


Other Offenses 


108 


42 


49 


15 


2 


_ 


_ 


"t 


TOTAL 


6175 


2713 


1561 


1295 


457 


19 


62 


68 



44% 25.2% 21% 7.5% .3% 1% 1% 
Fugitives 126 

6301 

Misdemeanor Cases in Court 

All persons arrested for misdemeanors committed in San 
Francisco must appear in the Municipal Court, the tribunal of 

-4- 



original misdemeanor jurisdiction. These arrests are made for 
offenses committed in the officers' presence or on warrant or 
citation, or as a result of reduction of a felony arrest. 

Four courts try these cases without jury; two more handle 
traffic matters, and two others conduct jury trials. This of fie 
provides Assistant District Attorneys as prosecutors in all of 
these courts. It is the duty of these lawyers to present the 
cases on behalf of the People of the State of California. 

Research and court assistance required additional 
lawyers to service the Municipal Courts. 

The total number of misdemeanor cases handled by the 
Municipal Courts during the past fiscal year was 39,700. By 
reason of reduction of felony cases in proper fact situations, 
the Municipal Court was able to relieve the Superior Court of 
a large number of trials by disposition of cases on a misdemeanc 
basis. 

During the reported fiscal year, 13,797 cases were heard 
in the two Traffic Courts. 

Two Assistant District Attorneys were assigned to the 
Appellate Department of the Superior Court to handle all appeals 
arising out of misdemeanor cases. (See Appellate Division 
infra. ) 

The following list indicates the kind and number of 
cases involved in the misdemeanor trials in Municipal Court: 



-5- 



MISDEMEANORS IN MUNICIPAL COURT 



1967-1968 



Offense 

Narcotic and Drug 

Weapon Offenses 

Battery 

Disturbing the Peace 

Petty Theft 

Resisting Arrest 

Failure to Provide 

Drunk in an Auto 

Drunk Driving 

Gambling 

Prostitution 

Lewd Conduct and 
Obscenity 

Miscellaneous Criminal 
Violations 

Miscellaneous Vehicle 
Code Violations 

Other Traffic Offenses 

TOTAL CASES HANDLED: 



Code Sections 



Number 



647(f) P.C. (drugs), 

11721 H. & S., 4230 B. & P. 


4,151 


12025 P.C, 12031 P.C, 
1291(b) M.P.C, 1290 M.P.C 


1,181 


242 P.C 


1,403 


415 P.C 


1,123 


488 P.C. 


2,774 


148 P.C 


1,265 


270 P.C 


204 


647(f) P.C. 


1,650 


23102 V.C 


981 


330 P.C. 


52 


647(b) P.C. 


1,983 


647(a), 314, 315 P.C 


953 




8,183 




2,819 




10,978 



39,700 



In addition to the foregoing, there were 18,830 common 
drunk arrests, for which this office prepared all of the 
complaints for the Municipal Court. 

-6- 



Jury Trials 

Two and frequently three departments of the Municipal 
Court were regularly assigned throughout the fiscal year to 
the trial of misdemeanor jury cases. This division assigned 
three and occasionally four assistants to the preparation and 
trial of these cases. 

Settings for trial by jury were made in 3,924 cases, of 
which 1,940 entered pleas of guilty or nolo contendere. Jury 
trial was waived in 373 cases. 

There were 133 jury trials, resulting in 74 guilty 
verdicts, 38 acquittals and 21 disagreements. 

Dismissal on motion of the District Attorney occurred in 
1,517 cases. The great majority of these cases were dismissed 
because the defendants had pleaded guilty in another similar 
case pending at the same time. 

Fifty-one defendants submitted their cases for deter- 
mination on the report of the arresting officer. More than 
807o of these resulted in a finding of guilty by the Court. 

As of June 30, 1968, pending cases numbered 513. 

The following list illustrates the type and number of 

offenses for which juries were originally set: 

Prostitution Offenses 868 

Drunk Driving 154 
Other Vehicle Driving Offenses 438 

Sex Crimes 91 

Battery 231 

Drug Offenses 552 

Thefts 309 

Miscellaneous 1,281 

-7- 



Appellate Division 

The Appellate Division of the office handles all appeals 
in misdemeanor cases. Such appeals are taken either by the 
defendant or by the People to the Appellate Department of the 
Superior Court. Their handling entails the preparation and 
filing of motions, affidavits, briefs, and pleadings of various 
types. This also involves regular appearances before the 
Appellate Department of the Superior Court on legal motions 
and for argument on appellate briefs. 

The division also prepares pleadings and makes appearances 
in the Municipal Court in connection with demurrers and various 
motions. It answers and argues before the Law and Motion 
Department of the Superior Court concerning writs of prohibition, 
habeas corpus and mandate. 

During the period between July 1, 1967 and June 30, 1968, 
only one appeal was taken by the People. This resulted in a 
reversal of the original defense ruling by the trial court. 

During the same period, a total of 124 appeals were filed 

on behalf of defendants with the following results : 

Judgment Appeal Appeal 

Affirmed Abandoned Dismissed 

23 5 96 

Citations 

The issuance of Citations comprises a large portion of 

our legal business. The Citation process is a simple one. The 

-8- 



person complained about is sent a notice requesting his 
appearance in our office at a certain time. The complainant 
also appears. Both are given an opportunity to present their 
views to an Assistant District Attorney. Following this 
citation hearing a warrant of arrest is issued or the matter 
is settled in this office. Out-of-court settlement is the 
most frequent result. This procedure diverts much unnecessary 
litigation from the Courts. 

Many state and local agencies use the citation process 
to secure compliance with the law. These include: County Tax 
Collector; State Board of Equalization; City and County Fire 
Department; City and County Department of Public Health; City 
and County Department of Electricity; City and County Planning 
Commission; City and County Department of Public Works; State 
Department of Industrial Relations; State Board of Dry Cleaners 
State Department of Employment; State Board of Medical Examiner? 
Department of Professional Standards; Department of Social 
Services; and the San Francisco Society for the Prevention of 
Cruelty to Animals. 

During the reported fiscal year, 5,173 citations were 
issued. Approximately one-half required an informal hearing 
in this office. 
Other Functions 

This division has voluminous communication with the 
general public which does not result in litigation of a 

-9- 



criminal nature. Many parsons with civil and criminal problems 
are referred to us by the police and by other public and private 
agencies. Efforts are made by the division to direct the in- 
quiring citizen to the proper agency if his case is not within 

our geographical or statutory jurisdiction. 

s 

Needless to say there are many incoming telephone calls 
which must be serviced. Questions of law must be answered by 
a lawyer. 

The stenographic and clerical burden borne by five office 
assistants is a heavy one. At times the secretarial help 
needed to complete the work of this division must be secured 
from other divisions of the office. 

Statistical Recapitulation 

Felony Hearings 

Felony Cases in Court 

Misdemeanor Cases in Court 

Jury Trial Settings 

Jury Trials 

Citations Issued 

Warrants Prepared: 

Felony 2,044 2,170 

Misdemeanor 3,996 6,040 4,410 6,580 

Two major changes in the California Law of Crimes 
required additional prosecution efforts this year. The first 

-10- 



1967-1968 


1966-1967 


14,760 


10,631 


6,301 


6,293 


39,700 


38,787 


3,924 


2,925 


133 


124 


5,173 


5,524 



was the enactment by the Legislature of a new evidentiary 
hearing, the motion to suppress. This has added many hours 
to court work, especially in felony cases. 

The second major change was a recent Supreme Court ruling 
requiring an affidavit of the complainant to accompany the 
complaint for every warrant of arrest. This change not only 
increased the work involved in the issuance of warrants of 
arrest but required the recall, cancellation and reissuance of 
hundreds of warrants already outstanding. 

A large portion of this increased workload was the 
responsibility of the Complaint Division. 



-11- 



SUPERIOR COURT DIVISION 

The Criminal Division of the Superior Court, which has 
jurisdiction over all felony cases, is comprised of four 
departments. Each department maintains its own calendar of 
cases and trials. On the average there are about one hundred 
cases, in varying procedural stages, pending each month in 
each court. During the fiscal year 1967-68, there were 3,261 
defendants charged with felonies who made appearances in the 
Superior Court. This total represents an increase of 1,093 
defendants over the previous fiscal year. It is interesting 
to note that this was a heavy increase when compared with the 
year 1966 where the increase was 269, and 1967, where the 
increase was 411 defendants. 

The cases during this fiscal year were disposed of as 
follows : 

Guilty pleas 2,037 

Trial by Court 95 

Trial by Jury 140 

TOTAL 2,272 

Of the defendants who proceeded to trial, 837o were 
convicted. 

The cases of the remaining 989 defendants followed other 
legal process than trial such as: Certification to Juvenile 
Court; Commitment to State Hospital as mentally incompetent 

-12- 



to stand trial or as insane at the time of commission of the 
crime; commitment as a mentally disordered sex offender; or 
dismissals for lack of evidence or in the furtherance of 
justice. Some of the defendants became fugitives and did not 
appear for trial. Warrants have been issued for their apprehen< 
sion. 

Processing and disposing of criminal cases is still 
complicated and lengthened by legal problems relating to 
arrest, search, and the admission into evidence of confessions 
and admissions. Appellate Court decisions have recently 
complicated the presentation of line-up identification 
testimony. 

Pre-trial motions to suppress evidence (Section 1538.5 
Penal Code), a new proceeding which became law in 1967, has 
instituted an entirely new evidentiary hearing prior to trial 
which has increased the actual court time necessary to dispose 
of most cases. 

The courts are kept busy each day with a daily calendar 
of cases followed by either pre-trial evidentiary hearings or 
trials. The trial lawyers assigned to each court appear at 
the daily calendar sessions of court, then alternate in the 
trial of cases. Two of them additionally act in a supervisory 
capacity, each responsible for the proper function of two of 
the assigned courts. 



-13- 



BUSINESS INVESTIGATION SECTION 

During the past fiscal year this section investigated 
and prosecuted the following types of offenses: Embezzlements, 
Thefts by False Pretenses, Corporation Security Violations, 
Forgeries, Credit Card Violations, and other related criminal 
activities. 

Investigations are initiated by complaints from citizens 
and from Federal, State, and City and County agencies. The 
first step in investigation is an interview with the complainant 
or with an investigator from a governmental agency. This is 
followed by securing of further evidence, if needed, and 
interviews with all persons who may be witnesses. A warrant 
is issued if it is determined there are sufficient grounds for 
a criminal charge. 

In some cases, however, a hearing is held at the office 
of the District Attorney, at which time all interested parties 
are invited to appear. 

If no further investigation is required, a warrant may 
issue or the matter may be dismissed, depending upon the dis- 
closed circumstances. This procedure of investigation and 
hearing may take from one day to many months, depending upon 
the intricacies of the case. 

Following arrest for a felony, the defendant is held to 
answer for trial either through a preliminary hearing or by 

-14- 



indictment. 

Below are resumes of some of the more important cases 
of the past year : 
PEOPLE vs. BIAGI 

This case involved an insurance company accountant who 
embezzled over $45,000 by forging the company's endorsement 
on checks which he then deposited to his own account. After 
his plea of guilty he was sentenced to State Prison. 
PEOPLE vs. EIIICSCN 

The defendant in this case was a bookkeeper, with four 
prior embezzlement convictions, who embezzled $20,000 over a 
one-year period by forging her employer's name to checks payablt 
to herself. She was sentenced to State Prison after pleading 
guilty. 
PEOPLE vs. HENSON 

The defendant had charge of a sales office for a large 
company selling merchandise to the federal government. By 
forging the names of company officials, she opened a fictitious 
company bank account and deposited into it federal checks 
totaling $80,000. She withdrew the funds by writing checks 
to herself. Upon her plea of guilty, she was sentenced to 
State Prison. 
PEOPLE vs. LILLY 

This case involved an office manager who embezzled 
$50,000 over a six-months period by taking cash from the bank 

-15- 



deposits and then falsifying the company records to cover the 
thefts. After his plea of guilty, he was sentenced to State 
Prison. 



-16- 



GRAND JURY 

The District Attorney acts as the legal advisor in 
criminal matters for the Grand Jury, and is responsible for 
the presentation of evidence in felony cases to the Grand 
Jurors during Monday evening sessions. 

Witnesses called to testify in the matter of these 
indictments before the Grand Jury totaled 864 during this 
fiscal year, which is slightly higher than the figure of the 
previous year of S28, and is an indication of the great amount 
of preparation involved and the complexity of the matters 
investigated before presentation to the Grand Jury. 

During this fiscal year, the Grand Jury in sessions 
commencing at 11:30 a.m. each succeeding Thursday, returned 
232 indictments involving 354 defendants --an increase over 
the previous year's 209 indictments and 353 defendants. 



-17- 



BUREAU OF INVESTIGATION 

This bureau, headed by a Chief Investigator, is com- 
prised of ten Investigators--six Criminal Investigators, one 
Psychiatric Investigator, and three Aid to Families with 
Dependent Children Investigators. 

The Criminal Investigators assist the legal staff in 
preparation of cases for court by securing evidence, inter- 
viewing witnesses, obtaining offense reports and criminal 
records of the accused, and serving subpoenas for the attend- 
ance of witnesses for trials in the Superior and Municipal 
Courts, Other duties involve service of all Uniform Reciprocal 
Support Orders and the conducting of other inquiries when 
requested by the legal staff. 

Section 4852.01 of the Penal Code provides for the 
granting of Certificates of Rehabilitation and Pardon, and 
requires an investigation be conducted by the District Attorney 
concerning the background of all applicants to determine 
eligibility. Such investigative report, in affidavit form, 
is subsequently presented to the Superior Court for its 
determination . 

Following is a brief summary of the major activities of 
the Criminal Investigation Bureau for the fiscal year 1967- 
1968: 



-18- 



, - 



• I J ! 1 



Reports and criminal records obtained 750 

Subpoenas served 255 

Interviews held 135 

Reciprocal Support Orders served 100 

Certificates of Rehabilitation processed 25 

Direct assistance in preparation of 

criminal cases for trial 47 

Investigation of applicants as bail 

solicitors or bail bondsmen 38 

Inquiries into demands made pursuant 

to "Section 1381 P.C. 42 



-19- 



PSYCHOPATHIC DIVISION 

The primary functions of the Psychopathic Division of 
the District Attorney's Office are as follows: 

A. Investigation of alleged Mentally 111 and Intem- 
perate persons, as well as those addicted to Narcotics or 
Habit Forming Drugs. 

B. When indicated, the initiation and processing 
through the Superior Court of Petitions of Mental Illness, 
Intemperance and the addictions mentioned. 

C. Preparation and trial of cases arising from demands 
for jury trials by committed persons. 

In general, the Psychopathic Division serves as a 
clearing house for information regarding mental illness, 
mental deficiency, alcoholism, drug and narcotic addiction. 
Complaints of this nature are investigated by a Certified 
Psychologist employed by this office and regularly assigned 
to all such cases; whenever necessary a member of the legal 
staff is also assigned. Where reasonable and probable cause 
exists, and where no relatives or other interested parties 
are located or willing to assume responsibility, this office 
files a Petition requesting a 1 , examination of said person. 
The case is then presented at a hearing before the Superior 
Court . 



-20- 



The Psychiatric Division of San Francisco General 
Hospital refers the greatest number of alleged mentally ill 
or intemperate persons for legal action. However, direct 
referrals or requests for information or investigation are 
received from practically all the local public and private 
agencies dealing with social problems. Numerous interviews 
are held with private citizens regarding problems related to 
this particular function of this office; home visits are made 
and background information on cases in progress is gathered. 

The Courts and the Police Department also regularly 
refer cases for examination. In this connection it should be 
mentioned that the Police Department has an officer assigned 
to work exclusively with the Mentally 111 which enables the 
District Attorney's Office and the police to work in close 
liaison on this problem. 

The legal meaning of mental illness in California was 
drastically re-defined by legislative action in 1967. Prior 
to November 8th of last year it was only necessary to show 
that the patient was mentally ill and in need of treatment, 
care, or restraint; now it is also necessary to show that the 
patient is "likely to injure himself or the person or property 
of others". A certificate signed by a physician stating that 
he has examined the patient and finds him mentally ill and 
dangerous must be presented to the Court before any order for 



-21- 



detention and examination is issued. 

As was expected, this redefinition led to an immediate 
and large reduction in the number of cases brought before the 
Psychopathic Court, or committed as mentally ill persons. It 
also greatly increased the time and effort of each investiga- 
tion as a new element, danger, has to be thoroughly considered 
in each instance. 

During the fiscal year ending June 30, 1968, the Psycho- 
pathic Division was directly concerned as Petitioner with 428 
Superior Court cases (not including jury trials which will be 
considered separately) as follows : 

1967-68 1966-67 



Mental Illness 


422 


841 


Intemperance 


2 


15 


Drugs and Narcotics 


4 


3 




428 


859 



Disposition of the above cases was as follows: 

Committed to State Hospitals 83 

Committed to Veterans Administration 3 

Committed to Private Hospitals 2 

Voluntary State Hospitals 51 

Voluntary San Francisco Hospital 34 

Voluntary Veterans Hospital 1 

Discharged 251 

Deceased 1 

Escaped _2_ 

428 

The Superior Court has adopted a policy of allowing 

those patients who are not considered dangerous to volunteer 

for hospitalization at the time of hearing and the large number 



-22- 



who do so is shown above. A companion policy of holding and 
treating patients locally until time of discharge is also 
evident . 

The above statistics represent totals and types of cases 
initiated by the District Attorney's Office, and comprise 
627o of all such cases brought before the Superior Court of this 
City and County. 

The Welfare and Institutions Code provides that where a 
patient is committed for mental illness or intemperance he, or 
anyone else in his behalf, may contest the Court finding of 
commitment by requesting a jury trial on the question of the 
patient's condition. The District Attorney is directed by the 
Welfare and Institutions Code to present the case for commit- 
ment. These cases are considered by the law as civil proceedin, 
and are tried in the civil departments of the Superior Court. 
The patients may have representation by private counsel or the 
Public Defender. 

After demand for a jury trial and before trial, the 
District Attorney's Office always arranges for re-examination 
by the medical examiners of the Superior Court. If the doctors 
find there has been sufficient recovery, this office recommends 
discharge. In addition to the medical testimony, admissible 
personal, family and employment background are presented at 
the trial. 



-23- 



During the fiscal year 1967-68, there were nine demands 

for jury trials, as detailed below: 

Number of Jury Trials Requested 9 
Number of Requests Withdrawn Prior 

to Court Action 2 
Dismissed at Request of District 

Attorney 3 

Trials Held 4 

Found Mentally 111 by Jury 1 

Released as Not Mentally 111 by Jury 3 

In addition, the Psychopathic Division conducted over 
300 investigations during the fiscal year which resulted in 
the locating of relatives or other interested persons who were 
willing and able to assume responsibility for the patient, 
provide private hospitalization, or psychiatric care without 
the necessity of court proceedings. Many other complaints 
were found upon investigation to be without merit and legal 
action was unnecessary. 

The recent trend in both the psychiatric and legal 
fields is to treat the patient, whenever possible, within 
the community in which he lives, and to use commitment pro- 
ceedings only when necessary. The pre-petition investigation 
by this office, the success of the State geriatrics group in 
placing chronic senile patients, and the treatment of alcoholic 
and less severe mental cases locally have all obviously reduced 
a potentially much higher commitment rate. 

It must be strongly emphasized that thorough and competent 

investigation is required to insure that only grievous, merited 

cases are brought to the court's attention. 

-24- 



AID TO FAMILIES WITH DEPENDENT CHILDREN 
INVESTIGATION DIVISION 



Since the enactment of Section 1552.4 (now Section 
11475) of the Welfare and Institutions Code in 1951, the 
Department of Social Services and the Youth Guidance Center 
have referred 38,663 cases to the District Attorney for 
investigation. 

This office does not determine the eligibility of 
applicants for aid; such determination is made exclusively 
by the Department of Social Services. The principal functions 
of the AFDC investigators are: 

1. Finding the absent parents to enforce legal support 
obligations . 

2. Instituting proper criminal action against those 
who have fraudulently received aid. 

During the fiscal year 1967-1968 

2,184 New AFDC cases referred. 
292 Inactive cases reopened. 
3,134 Active cases held over from last year. 
5,610 Total active caseload. 
3,148 Cases closed. 
2,462 Active cases as of July 1, 1968. 

Approximately 4,045 interviews were held regarding the 
above cases. 

The following were the reasons for closing the 3,148 
cases : 



-25- 



The impossibility to establish paternity. 

Uniform Reciprocal Support Action by this office, 
whereby an order was obtained for support from a 
responsible parent residing outside of California. 

Convictions under Section 270 of the Penal Code, 
resulting in sentences of probation or incar- 
ceration. 

The Adult Probation Department took over super- 
vision of the absent parent on Voluntary 
Probation (Section 580D of the Welfare and 
Institutions Code or per Section 139.5 of the 
Civil Code). 

The complainant left this jurisdiction. 

The defendant was located by this office and a 
support agreement reached for payment either to 
the recipient or the Department of Social Services. 

Paternity 

The increase in illegitimacy is a contributing factor to 

the increase of Welfare disbursements. Establishing paternity 

of these children is difficult, but AFDC investigators endeavor 

to have the natural fathers voluntarily acknowledge paternity 

through written statements, and then arrange support payments 

commensurate with the individuals' incomes. During this fiscal 

year, 86 such statements were obtained by the investigators. 

Investigations for Other Jurisdictions 

Another duty of the AFDC investigators is locating and 
interviewing absent parents, verifying wages, securing volun- 
tary paternity acknowledgments and other data for other 



-26- 



jurisdictions. Approximately 132 such requests were received 
and processed last year. 

Welfare Fraud 

Fraud is the general term applied to those cases in which 
there are reasonable grounds to believe that a welfare recipient 
has received aid as a result of willfully and knowingly making 
false statements or failing to disclose a material fact, in 
order to obtain such aid. 

Such cases are either initially detected and investigated 
by the AFDC investigators of this office or are referred to 
this office for additional investigation and analysis by the 
Department of Social Services. Depending on the circumstances 
under which the fraud was perpetrated, criminal charges have 
been filed for violations of Penal Code Section 487 (Grand 
Theft) , Penal Code Section 488 (Petty Theft) , Welfare and 
Institutions Code Section 11482 (Misrepresentation), Welfare 
and Institutions Code Section 11265 (False Statement Under 
Oath), Welfare and Institutions Code Section 11054 (Perjury), 
and Welfare and Institutions Code Section 11480 (Misuse of 
Funds) . 

As a result of the efforts of this office to bring these 
particular matters before the courts, the total number of 
warrants issued, arrests made, convictions secured and restitu- 
tion obtained for fiscal year 1967-1968 is indicated by the 

following statistics : 

-27- 



Suspected fraud cases newly referred 112 

No criminal charges filed by District 

Attorney, due to insufficient evidence 17 

Restitution in the amount of $2,377.35 

obtained as a result of citation hearings 

(no criminal action taken) 7 

Warrants issued 65 

Total arrests made 121 

Convictions - restitution ordered 110 

Compromised under Sections 1377 and 1378 of 

Penal Code, restitution obtained in the 

amount of $485.00 2 

Total restitution ordered by court $113,174.48 

Dismissed by court 23 

Warrants cancelled (statutes had run or 

recalled by Department of Social Services) 36 

Cases pending in court 5 

Warrants outstanding 24 

Cases requiring further investigation 

before criminal charges may be filed 28 



-28- 



BUREAU OF FAMILY RELATIONS 

This bureau investigates all complaints of a purported 
criminal nature arising within a family or quasi family 
situation. 

Four staff members investigate these complaints, which 
include: failure to provide for minor children; failure to 
provide for indigent wives; battery; assault; wife beating; 
disturbing the peace; threats to do bodily harm; malicious 
mischief; mental illness; alcoholism; establishment of paternit} 
upon the complaints of unwed mothers; denial of visiting rights 
to a parent where custody of child or children is under court 
order; various other types of domestic difficulties. Cases of 
mental illness or alcoholism are referred to San Francisco 
General Hospital, Psychopathic Division, for investigation. 

All alternative actions to solution of these domestic 
difficulties are examined prior to the issuance of any warrant. 
Citations are issued to determine whether the alleged crime 
has been committed. The limits of the law are defined to both 
the complainant and respondent. The necessity for issuance of 
a criminal warrant is eliminated in most cases, thus settling 
the dispute, saving court cos^s and not adding to crowded court 
calendars. Referrals may be made to the many community agencies 
offering counseling service to those needing particular assist- 
ance. 

-29- 



This bureau invokes Section 270 of the California Penal 
Code (failure to provide for minor children, both legitimate 
and illegitimate) . Every effort is made to secure voluntary 
support. Although 2,203 complaints of non-support were made, 
only 102 warrants for arrest were issued. There were 194 
voluntary referrals made to the Adult Probation Department 
under Section 580(d) of the California Welfare and Institutions 
Code. The members of the staff were, in most cases, able to 
secure the cooperation of the fathers as a result of citation 
hearings . 

A great deal of time and effort was exerted in searching 
for defendants, who did not reside in this jurisdiction or in 
California, through the many sources available to this office. 
There is voluminous correspondence with the following agencies : 
California Bureau of Criminal Identification and Investigation; 
California Department of Employment; Armed Forces of the United 
States; Unions; Employers; District Attorneys in other juris- 
dictions. 

There are occasions when it may be necessary for the 
complainant to seek civil remedy for non-support of a minor 
child or children. The complainant is then advised to file a 
complaint under the Uniform Reciprocal Enforcement of Support 
Act. 

The Bureau of Family Relations processed the following 
complaints during the fiscal year: 

-30- 



270 Penal 


Code 


270a 


t 9 


ii 


242 


it 


n 


415 


it 


ii 


594 


it 


ti 


279 


ii 


ii 


273d 


ii 


ii 


Ment£ 


il Illness 



Classification Cases 

(Non-Support of Minor Children) 2,203 

(Non-Support of Indigent Wife) 181 

(Battery) 1,606 

(Disturbing the Peace) 1,453 

(Malicious Mischief) 243 

(Denial of Visiting Rights) 119 

(Felony Wife Beating) 26 

178 

Unwed 180 

Drinking 782 

Domestic Difficulties 2,190 

Threats 610 

Miscellaneous 566 

TOTAL 10,337 

During the year 2,292 citations were mailed: 1,646 
hearings were held; and 2,990 referrals were made. Approximate' 
12,750 telephone inquiries regarding case status, specific com- 
plaints, and general information were handled by this bureau. 



-31- 



UNIFORM RECIPROCAL ENFORCEMENT 
OF SUPPORT DIVISION 



On the basis of the following statistics it appears that 
there has been no appreciable change in the caseload from our 
last report. 

There have been a number of changes with regard to the 
processing of reciprocal actions initiated in our jurisdiction. 
The San Francisco Neighborhood Legal Assistance Foundation has 
been processing cases for mothers who are not receiving welfare 
assistance and are unable to employ counsel. This same office 
is also appearing as defense counsel in a number of reciprocal 
cases which we have processed as the responding state. These 
changes could affect our caseload, particularly in those cases 
where the mother of children has not as yet applied for welfare 
but may do so at a future date, if the father of her children 
is not furnishing support. 

Since March of this year both our reciprocal support 
cases and those referred to us by the Adult Probation Depart- 
ment under the provisions of Section 139.5 of the Civil Code 
are now being heard by a Court Commissioner through an assign- 
ment of such cases by the Judge who presides in our Domestic 
Relations Department. 

This procedure, which has been experimental, thus far 
seems to be working out quite well. It expedites the hearing 

-32- 



of our cases as they are set for a definite hour each day and 
do not conflict with the cases to be heard in the Domestic 
Relations Department of the Court. 

The Assistant District Attorney who has been handling 
this work has been assisting at the National Conference on 
Reciprocal Support with the preparation of recommendations to 
the Commissioner on Uniform Laws regarding revisions and amend- 
ments to the Reciprocal Support Act, which should be enacted 
by the respective State Legislatures in the near future. 

The statistical data for this year is as follows: 
UNIFORM RECIPROCAL SUPPORT CASES PROCESSED FISCAL YEAR 1967-1968 







Other Jurisdic- 








San 


Av. 


tions Initiated 


Av. 


Total 


Average 


Francisco 


per 


San Francisco 


per 


Cases 


All Cases 


Initiated 


Mo. 


Responded 


Mo. 


Processed 


per Month 



60 



269 



22.42 



329 



27.42 



139.5 CIVIL CODE 



68 Defendants cited 



The statistics for the Reciprocal Support Division with 
regard to support cases handled each month for the past five 
years averages out as follows: 



1963-1964 
1964-1965 
1965-1966 
1966-1967 
1967-1968 



37.83 
34.68 
35.50 
27.75 
27.42 



-33- 



DECREASE OR INCREASE OF NEW CASES 1967-1968 

San Francisco Initiated San Francisco Responded 

1966-1967 New Cases 60 1966-1967 New Cases 273 

1967-1968 New Cases 60 1967-1968 New Cases 269 

NO INCREASE OR DECREASE DECREASE NEW CASES 4 



Support Orders Entered 1967-1968 153 

Support Orders Entered or Modified 5 

Interim Orders re Contempt (URESA) 32 

Miscellaneous Orders 21 

TOTAL 211 

Average Orders per Month 17.58 

Support Orders Obtained by Other Juris . 26 
Support Orders Amended/Modified by 

Other Juris. 2 

TOTAL 28 

Average Orders per Month 2.33 



Total Orders Prepared and Entered for Other Jurisdictions 211 
Total Orders Other Jurisdictions Sent to San Francisco 28 



Interim Orders Under 139.5 C.C. 38 

Modified Interim Orders 1 

Changes of Venue from San Francisco 18 

Changes of Venue to San Francisco 8 



*o' 



-34- 



INCREASE/DECREASE OF ORDERS COMPARED 1966-1967 TO 1967-1968 

1966-1967 Orders Obtained 1966-1967 Orders Obtained 

by Other Jurisdictions by San Francisco for 

for San Francisco 45 Other Jurisdictions 273 

1967-1968 Orders Obtained 1967-1968 Orders Obtained 

by Other Jurisdictions by San Francisco for 

for San Francisco 28 Other Jurisdictions 211 

DECREASE 17 DECREASE 62 



SUPERIOR COURT BAIL BOND FORFEITURES 
During the past fiscal year, there were 32 bail for- 
feitures ordered by the Superior Court which resulted in the 
following determinations: 

Summary Judgments Collected Amount 

27 27 $26,166.50 

Two summary judgments were set aside on motion heard by 
the Municipal Court. Three forfeitures are pending to be 
collected after the statutory time has expired. 

At the request of the Clerk of the Municipal Court, this 
office obtained a summary judgment in one of his cases involving 
$5,500.00. A motion to set aside this forfeiture and the 
summary judgment was denied, and an appeal from this ruling 
was dismissed. The surety has now filed an action for 
declaratory relief in this case, to which we have filed a 
demurrer, and a hearing is pending. 



-35- 



B^ 



COCUMENTS 
SEP 1 8 1969 



BAN FRANCISCO 
PUBLIC l/brary 



ANNUAL REPORT 

1968-69 



JOHN JAY PERDON 

DISTRICT ATTORNEY 






CITY AND COUNTY PLfflrai $ OF SAN FRANCISCO 

i / 



ANNUAL REPORT TO MAYOR 



Submitted by 
JOHN JAY FERDON, DISTRICT ATTORNEY 



July 1, 1968 - June 30, 1969 



CONTENTS 

COMPLAINT DIVISION 1 

SUPERIOR COURT DIVISION 14 

BUSINESS INVESTIGATION SECTION 16 

GRAND JURY 19 

BUREAU OF INVESTIGATION 20 

Psychopathic Division 20 

Criminal Division 23 

Aid to Families with Dependent 

Children Division 24 

BUREAU OF FAMILY RELATIONS 29 

UNIFORM RECIPROCAL ENFORCEMENT OF 

SUPPORT DIVISION 32 



COMPLAINT DIVISI ON 

"No warrant" felony arrests are those arrests made by the 
police when they witness the commission of a felony or have 
reasonable cause to believe that a felony has been committed. 

To assure just disposition of these cases, the Assistant 
District Attorneys who review them before the filing of a com- 
plaint must possess a thorough knowledge of the current Federal 
and State criminal law. The Appellate Courts continually review 
and reinterpret the laws of arrest, search and seizure, search 
warrants, confessions and admissions, criminal identification 
and other fields of the criminal law. 

The law imposes strict time limitations. All arrests must 
be handled with dispatch and with full regard for the rights of 
the public and the arrested person. The Complaint Division, 
having first contact with all cases, is responsible for initiating 
prosecutions. 

In this fiscal year the Complaint Division handled 17,881 
"no warrant" felony cases involving 12,287 defendants. This was 
an increase of 3,121 (approximately 21%) over the 14,760 cases of 
the previous fiscal year. 

After additional police investigation and examination by a 
lawyer of this division, it was found that 507 o of these matters 
were not legally sufficient for prosecution. These were dis- 
charged. Reduction to misdemeanor prosecution occurred in 11% 

-1- 



of these arrests. They were not of sufficient legal or factual 
stature to be prosecuted as felonies. This left the remaining 
397o of the arrests for felony prosecution. 

The following statistics disclose the type of offenses 
considered and the result of the hearings held to determine what 
complaint, if any, should be filed: 

ON VIEW FELONY ARRESTS 
July 1, 1968 - June 30, 1969 

Total Rebooked Dismissed Reduced 



Narcotic Offenses 


5,630 


2,339 


2,948 


343 


Burglary 


1,584 


801 


485 


298 


Robbery 


1,300 


552 


691 


57 


Stolen Autos 


1,631 


799 


693 


139 


Check Offenses 


559 


310 


183 


66 


Theft 


3,600 


826 


2,411 


363 


Assaults 


1,921 


771 


542 


608 


Murder 


97 


65 


23 


9 


Gun Law Offenses 


522 


122 


236 


164 


Sex Offenses 


276 


106 


144 


26 


Conspiracy 


412 


61 


322 


29 


Driving Offenses 


80 


56 


9 


15 


Gambling 


30 


17 


13 


— . w» 


Other Offenses 


239 


91 


126 


22 



TOTAL: 17,881 6,916 8,826 2,139 

-2- 



Felony Cases in Court 

All "no warrant" felony arrests which have passed legal 
scrutiny next appear on the calendar of the Municipal Court, 
along with arrests made upon warrant of a magistrate. 

During the reported fiscal year, six courts were conducting 
preliminary hearings, requiring adequate factual and legal prep- 
aration of each case. One Municipal Court, Department #13, is 
assigned exclusively to the hearing of felony cases. 

In this category, due to improved methods of review by this 
office, the number of cases increased to 8,176 from 6,301 for 
the previous year, involving 6,603 defendants. This total 
included felony arrests on warrant. 

Sometimes after preliminary hearing, additional factors 
appear which cause the reevaluation of a case. This year's 
felony hearings resulted in a reduction to misdemeanor of 297, 
and the outright dismissal of 17%; felony cases held for trial 
in Superior Court amounted to 407 o ; the remaining 14% are pending 
or disposed of by guilty pleas or other procedures. 

A considerable number of the dismissals in Municipal Court 
were due to the individuals involved being indicted by the County 
Grand Jury before the preliminary hearing was held. 

The following table reveals the type of offense involved 
and the dispositions made: 



-3- 



FELONY CASKS IN COURT 









1968 - 


1969 














Total 


Held 


Dis- 
missed 


In- 
dicted 


Re- 
duced 


Pend- 
frfl 


Glty 
Plea 


To 

Juv 

Ct. 


Off 
Cal 


Narcotic 
Offenses 


2491 


386 


413 


137 


804 


102 


10 


24 


115 


Burglary 


903 


428 


100 


14 


321 


10 


3 


13 


14 


Roboery 


660 


344 


122 


84 


72 


5 


1 


12 


20 


Stolen Autos 


314 


287 


130 


2 


313 


5 


- 


11 


16 


Check 
Offenses 


520 


180 


65 


21 


223 


2 


5 


2 


22 


Theft 


924 


322 


204 


16 


323 


7 


1 


7 


39 


Assault 


979 


458 


224 


52 


208 


10 


- 


11 


16 


Murder 


99 


15 


12 


66 


- 


3 


1 


2 


- 


Gun Law 
Offenses 


134 


64 


22 


10 


32 


1 


- 


- 


5 


Sex Offenses 


170 


104 


20 


24 


20 


1 


1 


- 


- 


Conspiracy 


105 


24 


21 


33 


21 


- 


- 


2 


4 


Driving 
Offenses 


81 


39 


11 


- 


25 


3 


1 


1 


1 


Gambling 


17 


9 


1 


•• 


- 


6 


- 


- 


1 


Other 
Offenses 


161 


72 


19 


36 


30 


2 


- 


- 


2 


TOTAL: 


8053 


3232 


1414 


495 


2397 


157 


23 


85 


255 


Fugitives 


118 



















8176 



.4- 



Misdeme anor Cas es in Court 

All persons arrested for misdemeanors committed in San 
Francisco must appear in the Municipal Court, the tribunal of 
original misdemeanor jurisdiction. These arrests are made for 
offenses committed in the officers 1 presence or on warrant or 
citation, or as a result of reduction of a felony arrest. 

Four courts try these cases without jury; two more handle 
traffic matters, and two others conduct jury trials. This office 
provides Assistant District Attorneys as prosecutors in all of 
these courts. It is the duty of these lawyers to present the 
cases on behalf of the People of the State of California. 

Research and court assistance require additional lawyers to 
service the Municipal Courts. 

The total number of misdemeanor cases handled by the 
Municipal Courts during the past fiscal year was 33,973. By 
reason of reduction of felony cases in proper fact situations, 
the Municipal Court was able to relieve the Superior Court of a 
large number of trials by disposition of cases on a misdemeanor 
basis. 

During the reported fiscal year, 9,562 cases were heard in 
the two Traffic Courts. This office was required to suspend 
representation by Assistant District Attorneys in Traffic Court 
because of the emergency situation concerning 500 defendants 
arrested at San Francisco State College. These cases required 
approximately 25% of our legal personnel to try these extra - 

-5- 



session criminal jury trials at City Hall. This accounts for the 
fewer cases handled in the Traffic Court. 

Two Assistant District Attorneys were assigned to the 
Appellate Department of the Superior Court to handle all appeals 
arising out of misdemeanor cases. (See Appellate Division infra.) 

The following list indicates the kind and number of cases 
involved in the misdemeanor trials in Municipal Court: 
MISDEMEANOR CASES IN COURT — 1968 - 1969 



Offense 



Narcotic and Drug 



Weapon Offenses 

Battery 

Disturbing the Peace 
Petty Theft 
Resisting Arrest 
Failure to Provide 
Drunk in Auto 
Drunk Driving 
Gambling 
Prostitution 



Code Sections 

647(f) P.C. (drugs), 

11721 H. & S., 4230 B. & P. 

12025 P.C, 12031 P.C, 
1291(b) MPC, 1290 MPC 

242 P.C. 

415 P.C. 

488 P.C. 

148 P.C. 

270 P.C. 

647(f) P.C 

23102 V.C 

330 P.C 

647(b) P.C. 



Number 



2 ; 


,899 


1, 


,415 


1 : 


,256 


1, 


,164 


2 : 


,341 


1. 


,229 




121 


1, 


,554 


1. 


,150 




189 


1. 


,809 



Lewd Conduct and Obscenity 647(a) P.C, 314 P.C, 315 P.C. 803 

Misc. Criminal Violations 8,481 

Misc. Vehicle Code Violations 3,110 

Other Traffic Offenses 6,452 

TOTAL CASES HANDLED: 33,973 



In addition to the foregoing, there were 15,827 common 
drunk arrests for which this office prepared all the complaints 
for the Municipal Court. 
Jury Department 

This year the jury department had the burden of disposing 
of the San Francisco State arrests. The District Attorney 
assigned a senior lawyer and seven assistants to handle the mass 
arrests arising out of the incident of January 23, 1969, at which 
time 447 individual defendants were arrested. Of these 447 
defendants, 182 had been disposed of before the end of the fiscal 
year. There had been 15 trials lasting an average of five weeks. 
51 defendants were found guilty by juries, 79 pleaded guilty or 
nolo contendere, 49 were found not guilty by a jury, two defend- 
ants were dismissed, and one died. There were also 129 defendants 
arrested at San Francisco State College at times different from 
the mass arrest, and of those the following dispositions have 
been made. In 14 trials, the jury has brought in eight verdicts 
of guilty, two acquittals and four directed verdicts of not 
guilty. In addition there were 12 dismissals and 22 pleas of 
guilty or nolo contendere. 

All other misdemeanor jury trials were the responsibility of 
a maximum of three deputies, a normalcy of two and for over one 
month only one deputy was available. Demands for jury trials in 
misdemeanors (other than State College cases) were made 4,719 
times during this fiscal year. To explain these statistics, a 

-7- 



group arrest of several defendants has been assigned as one 
arrest --if one trial will result, a finding of guilty on one 
count is counted as a finding of guilty on all — and if other 
charges are dismissed they are not counted as dismissals, unless 
the dismissed charge was from a separate previous or subsequent 
arrest. 

Pleas of guilty or nolo contendere were entered by 2,688 
defendants. Jury trial was waived in 244 cases which cases then 
were returned to the general courts. 95 defendants charged with 
minor traffic violations agreed to go to Traffic School after which 
their cases were dismissed. 68 defendants submitted their cases 
on the report of the arresting officers for determination, and of 
these 31 were found guilty, 37 not guilty. 

The jury department took 120 cases to trial and had 68 guilty 
verdicts, 35 acquittals, and 17 hung juries. 

In 1,504 cases the District Attorney's office moved for dis- 
missal, because of a plea on another arrest or because witnesses 
were not available or in the interest of justice. 

The following list illustrates the type and approximate per- 
centage of offenses for which juries were asked: 



Prostitution offenses 23% 

Drunk driving 4% 

Other vehicular offenses 11% 

Sex crimes 2% 

Drug offenses 13%, 

Battery 6% 

Thefts 8% 

Miscellaneous 33% 



-8- 



o 



o 



o 



Appellate Division 

The Appellate Division of the office handles all appeals 
arising from proceedings in the Municipal Court where misdemeanor 
cases are heard. Such appeals are taken to the Appellate Depart- 
ment of the Superior Court and may be filed either by the defend- 
ant or by the People. The handling of these appeals requires the 
preparation and filing of motions, affidavits, briefs and various 
other types of pleadings, and regular appearances before the 
Appellate Department of the Superior Court for argument on such 
matters. 

The division also prepares pleadings and makes appearances 
in the Municipal Court in connection with demurrers and various 
motions heard there. It prepares briefs in response to petitions 
in the Superior Court for various extraordinary writs and appears 
in the Law and Motion Department of the Superior Court for argu- 
ment on such matters. 

During the period between July 1, 1968 and June 30, 1969, 
five appeals were taken by the People, three of which were dis- 
posed of without the necessity of perfecting the appellate remedy, 
Of the other two, one was affirmed and a reversal was obtained in 
the other. 

During the same period, a total of 87 appeals were filed on 

behalf of defendants with the following results: 

Abandoned Dismissed on 
Affirmed Reversed by Appellant Motion of DA 

17 4 5 61 

-9- 



The figures for the period 1968 - 1969 indicate a decrease 
in the number of appeals filed on behalf of defendants which were 
subsequently dismissed on motion of the District Attorney either 
for lack of prosecution or as frivolous appeals. However, the 
number of appeals prosecuted to completion is almost the same as 
last year. 
Citations 

The issuance of citations comprises a large portion of our 
legal business. The citation process is a simple one. The per- 
son complained about is sent a notice requesting his appearance 
in our office at a certain time. The complainant also appears. 
Both are given an opportunity to present their views to an 
Assistant District Attorney. Following this citation hearing a 
warrant of arrest is issued or the matter is settled in this 
office. Out-of-court settlement is the most frequent result. 
This procedure diverts much unnecessary litigation from the 
courts. 

Many state and local agencies use the citation process to 
secure compliance with the law. These include: County Tax 
Collector; State Board of Equalization; City and County Fire 
Department; City and County Department of Public Health; City 
and County Department of Electricity; City and County Planning 
Commission; City and County Department of Public Works; State 
Department of Industrial Relations; State Board of Dry Cleaners; 
State Department of Employment; State Board of Medical Examiners; 

-10- 



Department of Professional Standards; Department of Social 
Services; and the San Francisco Society for the Prevention of 
Cruelty to Animals. During the reported fiscal year, 3,865 cita- 
tions were issued. Approximately one-half required an informal 
hearing in this office. This department of the office was also 
greatly effected by the emergency situation requiring trial of 
State College arrestees at the City Hall. The reduction in case- 
load of approximately 1,600 citations was caused by the lack of 
personnel available to handle these hearings when we were re- 
quired to expand our Misdemeanor Jury Trial Department. 
Other Functions 

This division has voluminous communication with the general 
public which does not result in litigation of a criminal nature. 
Many persons with civil and criminal problems are referred to us 
by the police and by other public and private agencies. Efforts 
are made by the division to direct the inquiring citizen to the 
proper agency if his case is not within our geographical or statu- 
tory jurisdiction. 

Needless to say there are many incoming telephone calls which 
must be serviced. Questions of law must be answered by a lawyer. 

The stenographic and clerical burden borne by five office 
assistants is a heavy one. At times the secretarial help needed 
to complete the work of this division must be secured from other 
divisions of the office. 



-11 



STATISTICAL RECAPITULATION 

On View Felony Arrests 

Felony Cases in Court 

Misdemeanor Cases in Court 

Jury Trial Demands (other than 
State College cases) 

Jury Trials (other than 
State College cases) 

State College Jury Demands 

State College Jury Trials 

Citations Issued 

Warrants Prepared : 

Felony 1,679 
Misdemeanor 4,090 

5,769 6,040 

Two major changes in the law still required additional 
prosecution efforts this year. The first was the enactment by 
the Legislature in 1967 of a new procedure relating to motions to 
suppress. This has required evidentiary hearings and has added 
many hours of court work. 

The second major change was a Supreme Court ruling requiring 
an affidavit to accompany the complaint in every case where a 
warrant of arrest is issued. 

The recent United States Supreme Court ruling in Chime 1 vs. 
California , restricting the authority of the police to search 
without a warrant, even when arrest is made pursuant to a warrant, 

-12- 



1968-1969 






1967-1968 


17,881 






14,760 


8,176 






6,301 


33,973 






39,700 


4,719 






3,924 


120 






133 


576 






.. 


29 






-.. 


3,865 






5,173 




2 
3 


,044 
,996 





has substantially increased the number of affidavits for search 
warrants processed by this office. In order to insure the 
validity of these documents it is often necessary to compose 
several drafts before the final warrant is ready for the signature 
of the magistrate. 



-13- 



.SUPERIOR COURT DIVISION 
The Criminal Division of the Superior Court, which has 
jurisdiction over all felony cases, is comprised of four depart- 
ments. Each department maintains its own calendar of cases and 
trials. On the average there are about one hundred cases, in 
varying procedural stages pending every month in each court. 
During the fiscal year 1968 - 1969, there were 2,791 new cases 
filed in the Superior Court. This represents an increase of 217 
new filings over the previous fiscal year. During the fiscal year 
1968 - 1969, there were 3,347 defendants who made appearances in 
Superior Court. This represents an increase of 86 appearances by 
defendants over the previous fiscal year. 

The cases disposed of during the fiscal year 1968 - 1969 were 
as follows: 

Guilty Pleas 2,274 
Trial by Court 57 
Trial by Jury 71 
TOTAL: 2,402 
Of the defendants who proceeded to trial, 84% were convicted. 
The cases of the remaining 945 defendants followed other 
legal process than trial such as : certification to Juvenile 
Court; commitment to state hospital as mentally incompetent to 
stand trial or as insane at the time of commission of the crime; 
commitment as a mentally disordered sex offender; or dismissals 
for lack of evidence or in the furtherance of justice. Some of 

-14- 



the! defendants became fugitives and did not appear for trial. 
Warrants have been issued for their apprehension. 

Processing and disposing of criminal cases has become ex- 
tremely complicated and is lengthened by legal problems relating 
to arrest, search and seizure, and the admission into evidence of 
confessions and admissions. 

Section 1538.5 of the Penal Code authorizes a pre-trial 
motion to suppress evidence. This statute, which became law in 
1967, provides for an evidentiary hearing prior to trial. These 
hearings are frequently lengthy and complicated, and have sig- 
nificantly increased the actual court time necessary to dispose 
of cases. 

All four Superior Courts in the Criminal Division have a 
daily calendar of from 20 to 40 cases in varying procedural 
stages, followed by either pre-trial evidentiary hearings or 
trials. Two trial lawyers are assigned to each of the four 
courts. They are responsible for all of the cases pending in 
that court, and alternate in the trial of cases and the presenta- 
tion of evidence at pre-trial evidentiary hearings. 



-15- 



BUSINESS INVESTIGATIO N SECTION 

During the past fiscal year this section investigated and 
prosecuted the following types of offenses: embezzlements, 
thefts by false pretenses, corporation security violations, 
forgeries, credit card violations, and other related criminal 
activities. 

Investigations are initiated by complaints from citizens and 
from federal, state, and city and county agencies. The first 
step in investigation is an interview with the complainant or 
with an investigator from a governmental agency. This is followed 
by securing of further evidence, if needed, and interviews with 
all persons who may be witnesses. A warrant is issued if it is 
determined there are sufficient grounds for a criminal charge. 

In some cases, however, a hearing is held at the office of 
the District Attorney, at which time all interested parties are 
invited to appear. 

If no further investigation is required, a warrant may issue 
or the matter may be dismissed, depending upon the disclosed 
circumstances. This procedure of investigation and hearing may 
take from one day to many months, depending upon the intricacies 
of the case. 

Following arrest for a felony, the defendant is held to 
answer for trial either through a preliminary hearing or by 
indictment. 

Below are the resumes of some of the more important cases of 

-16- 



the past year: 
People vs. Treadway 

This case involved a bookkeeper who, over a period of six 
years, embezzled $48,000 by forging her employer's name to checks 
and falsifying the company books to cover the thefts. After her 
plea of guilty she was sentenced to State Prison. 
People vs. Bartlam 

The defendant was employed by an attorney as a secretary - 
bookkeeper. She stole $2,500 by forging her employer's name to 
checks and cashing them. The defendant, having five prior con- 
victions, was sentenced to State Prison. 
People vs. Randall and Powell 

This case involved a bookkeeper, who took over $4,000 in 
four months from her employer and covered the thefts by bringing 
the company books home, and, with the help of her roommate, 
falsifying them. Both defendants had prior criminal records and 
were sentenced to State Prison. 

During the past year this section has undertaken the obtain- 
ing of injunctive relief in cases involving false advertising and 
unlawful business practices. The prosecution of these matters 
initially requires the securing of a temporary restraining order 
followed by the obtaining of a preliminary injunction and ul- 
timately a permanent injunction. These actions can result not 
only in the stopping of illegal business practices, but in the 
county receiving up to $2,500 for each violation. To date three 

-17- 



such suits have been instituted. Two of the suits are awaiting 
trial, a preliminary injunction having already been obtained, 
while in the third the hearing for a preliminary injunction is 
pending decision. 



-18- 



GRAND JURY 

The District Attorney acts as the legal advisor to the Grand 
Jury in all criminal matters. He is responsible for the presenta- 
tion of evidence in felony cases where an indictment is sought. 
Witnesses are called and the cases presented on each Monday eve- 
ning. When indictments are voted, they are formally presented to 
the Presiding Judge of the Superior Court on the following 
Thursday morning. 

There were 681 witnesses called to testify before the Grand 
Jury during the fiscal year. In all, the Grand Jury returned 
154 indictments involving 251 defendants. 



-19- 



BUREAU OF INVESTIGATION 

This bureau of ten, headed by the Chief Investigator, has 
one Psychiatric Investigator, six investigators assigned to the 
Criminal Division, and three in the division handling Aid to 
Families with Dependent Children. 
Psycopathic Division 

The primary functions of the Psycopathic Division of the 
District Attorney's office are as follows: 

(1) Investigation of alleged mentally ill and 
intemperate persons, as well as those addicted 
to narcotics or habit-forming drugs. 

(2) When warranted, the initiation and processing 
of commitment proceedings concerning such 
persons in the Superior Court. 

(3) The preparation and presentation of cases 
wherein the alleged mentally ill person has 
demanded trial by jury. 

In general, the Psycopathic Division serves as a clearing- 
house for information regarding mental illness, deficiency, 
alcoholism, drug and narcotic addiction. Direct referrals are 
received from practically all the local public and private 
agencies dealing with social problems, and numerous interviews 
are held with private citizens regarding their relevant problems. 
Home visits are made; background information on cases in progress 
is gathered. 

-20- 



Complaints are investigated by a certified psychologist 
employed by this office and regularly assigned to all such cases. 
Whenever advisable, a member of the legal staff is also assigned. 
Where reasonable and probable cause exists, and where no relatives 
or other interested parties are located or willing to assume the 
responsibility, this office files a petition requesting a psy- 
chiatric examination of said person. The particular case is 
subsequently presented in Superior Court. 

During the fiscal year ending June 30, 1969, the Psycopathic 
Division was directly concerned as petitioner with 354 Superior 
Court cases (not including jury trials, which will be considered 
separately) as follows : 

1968 - 1969 1967 - 1968 

Mental Illness 

Intemperance 

Drugs and Narcotics 

Disposition of the above cases was as follows: 
Committed to State Hospitals 67 

Committed to Veterans Administration 7 



345 


422 


7 


2 


2 


4 


354 


428 



Committed to Private Hospitals 
Voluntary State Hospitals 
Voluntary San Francisco Hospital 
Discharged 
Deceased 

-21- 



4 

36 

41 

194 

5 

354 



The Superior Court has adopted a policy of allowing those 
patients who are not considered dangerous to volunteer for hos- 
pitalization at the time of hearing and the large number who do 
so is shown above. A companion policy of holding and treating 
patients locally until time of discharge is also evident. 

The above statistics represent totals and types of cases 
initiated by the District Attorney's office, and comprise 627o of 
all such cases brought before the Superior Court of this City and 
County. 

The Welfare and Institutions Code provides that where a 
patient is committed for mental illness or intemperance he, or 
anyone else in his behalf, may contest the court finding of 
commitment by requesting a jury trial on the question of the 
patient's condition. The District Attorney is directed by the 
Welfare and Institutions Code to present the case for commitment. 
These cases are considered by the law as civil proceedings, and 
are tried in the Superior Court civil departments. The patients 
may have representation by private counsel or the Public Defender. 

During the fiscal year 1968 - 1969 there were five demands 

for jury trials, as detailed below: 

Number of Jury Trials Requested 5 

Number of Requests Withdrawn Prior 

to Court Action 4 

Trials Held 1 

Found Mentally 111 by Jury 1 

-22- 



In addition, the Psycopathic Division conducted numerous 
investigations during the fiscal year which resulted in the 
locating of relatives or other interested persons who were willing 
and able to assume responsibility for the patient and arrange 
private hospitalization or psychiatric care without the necessity 
of court proceedings. Many other complaints were found upon 
investigation to be without merit, and legal action was unneces- 
sary. 

The recent trend in both the psychiatric and legal fields 
is to treat the patient, whenever possible, within the community 
in which he lives, and to use commitment proceedings only when 
absolutely necessary. The Lanterman-Petris -Short Act, which 
became effective July 1, 1969, will completely change the legal 
procedures dealing with mental illness in California. It is not 
yet clear what role, if any, the courts will play in these changed 
procedures . 
Criminal Division 

The Criminal Investigators assist the legal staff in prepara- 
tion of cases for court by securing evidence, interviewing wit- 
nesses, obtaining offense reports and criminal records of the 
accused, and serving subpoenas for the attendance of witnesses 
for trials in the Superior and Municipal Courts. Two Criminal 
Investigators were assigned to the lawyers prosecuting the many 
cases resulting from the disturbances at San Francisco State 
College. Other duties are the service of all Uniform Reciprocal 

-23- 



Support Orders and the conducting of various inquiries requested 
by the legal staff. 

Section 4852.01 of the California Penal Code provides for 
the granting of Certificates of Rehabilitation and Pardon by the 
Governor. An investigation of each applicant is conducted by the 
District Attorney to determine eligibility. Such investigative 
reports, in affidavit form, are subsequently presented to the 
Superior Court for its determination. 

Following is a brief summary of the major activities of the 

Criminal Division of the Bureau of Investigation for the fiscal 

year 1968 - 1969: 

Reports and criminal records 

obtained 4,218 

Subpoenas served 234 

Interviews held 101 

Reciprocal Support Orders served 87 

Certificates of Rehabilitation 

processed 19 

Direct assistance in preparation 

of criminal cases for trial 291 

Investigation of applicants as 

bail solicitors or bail bondsmen 27 

Inquiries into demands made pursuant 

to Section 1381 Penal Code 77 

Aid to Families with Dependent Children Division 

Since the enactment of Section 1552.4 (now Section 11475) 
of the Welfare and Institutions Code in 1951, the Department of 

-24- 



Social Services and the Youth Guidance Center have referred 
41,005 cases to the District Attorney for investigation. 

This office does not determine the eligibility of applicants 
for aid; such determination is made exclusively by the Department 
of Social Services. The principal functions of the AFDC inves- 
tigators are: 

1. Finding the absent parents to enforce legal 
support obligations . 

2. Instituting proper criminal action against 
those who have fraudulently received aid. 

During the fiscal year 1963 - 1969 

2,342 New AFDC cases referred. 

884 Inactive cases reopened. 

2,462 Active cases held over from last year. 

5,688 Total active caseload. 

2,167 Cases closed. 

3,521 Active cases as of July 1, 1969. 

Approximately 4,672 interviews were held regarding the above 

cases. 

The following were the reasons for closing the 2,167 cases: 

The impossibility to establish paternity. 

Uniform Reciprocal Support Action by this 
office, whereby an order was obtained for 
support from a responsible parent residing 
outside of California. 

Convictions under Section 270 of the Penal 
Code, resulting in sentences of probation 
or incarceration. 

The Adult Probation Department took over 
supervision of the absent parent on voluntary 
probation (Section 580D of the Welfare and 

-25- 



Institutions Code or per Section 139.5 of 
the Civil Code). 

The complainant left this jurisdiction. 

The defendant was located by this office 
and a support agreement reached for payment 
either to the recipient or the Department of 
Social Services. 

Paternity 

The increase in illegitimacy is a contributing factor to 

the increase of welfare disbursements. Establishing paternity 

of these children is difficult, but AFDC investigators endeavor 

to have the natural fathers voluntarily acknowledge paternity 

through written statements, and then arrange support payments 

commensurate with the individuals' incomes. During this fiscal 

year, 64 such statements were obtained by the investigators. 

Investigations 
for Other Jurisdictions 

Another duty of the AFDC investigators is locating and 
interviewing absent parents, verifying wages, securing voluntary 
paternity acknowledgments and other data for other jurisdictions. 
Approximately 113 such requests were received and processed 
during this year. 

Welfare Fraud 

Fraud is the general term applied to those cases in which 

there are reasonable grounds to believe that a welfare recipient 

has received aid as a result of wilfully and knowingly making 

false statements or failing to disclose a material fact, in order 

to obtain such aid. 

-26- 



Such cases are either initially detected and investigated 
by the AFDC investigators of this office or are referred to this 
office for additional investigation and analysis by the Depart- 
ment of Social Services. Depending on the circumstances under 
which the fraud was perpetrated, criminal charges have been filed 
for violations of Penal Code Section 487 (Grand Theft), Penal 
Code Section 488 (Petty Theft), Welfare and Institutions Code 
Section 11482 (Misrepresentation), Welfare and Institutions Code 
Section 11265 (False Statement Under Oath), Welfare and Institu- 
tions Code Section 11054 (Perjury), and Welfare and Institutions 
Code Section 11480 (Misuse of Funds). 

As a result of the efforts of this office to bring these 
particular matters before the courts, the total number of 
warrants issued, arrests made, convictions secured and restitu- 
tion obtained for fiscal year 1968 - 1969 is indicated by the 
following statistics: 

Suspected fraud cases newly 

referred . 56 

No criminal charges filed by 

District Attorney, due to 

insufficient evidence 16 

Restitution in the amount of 

$673.00 obtained as a result of 

citation hearings (no criminal 

action taken) 1 

Warrants issued 52 

Total arrests made 16 

Convictions - restitution ordered 12 

-27- 



Compromised under Sections 1377 
and 1378 of Penal Code, restitu- 
tion obtained in the amount of 
$213.00 1 

Total restitution ordered by 

court $ 19,879.50 

Dismissed by court 1 

Warrants cancelled (statutes had 
run or recalled by Department of 
Social Services) 13 

Cases pending in court 

Warrants outstanding 47 

Cases requiring further inves- 
tigation before criminal charges 
may be filed 15 



-28- 



BUREAU OF FAMILY RELATIONS 

This bureau investigates all complaints of a purported 
criminal nature arising within a family or quasi family situation, 

Four staff members investigate these complaints, which 
include: failure to provide for minor children; failure to 
provide for indigent wives; battery; assault; wife beating; 
disturbing the peace; threats to do bodily harm; malicious mis- 
chief; mental illness; alcoholism; establishment of paternity 
upon the complaints of unwed mothers; denial of visiting rights 
to a parent where custody of child or children is under court 
order; various other types of domestic difficulties. Cases of 
mental illness or alcoholism are referred to San Francisco 
General Hospital, Psychopathic Division, for investigation. 

Although not listed in a classification per se, there has 
been a noticeable increase of complaints on the use of narcotics 
within a family or quasi family situation. Referrals are made to 
agencies offering assistance with the problem of drug abuse. In 
many instances complaints are brought directly to the Narcotics 
Detail when information given to an investigator may be of sig- 
nificant interest to the Narcotics Bureau. 

All alternative actions to solution of these domestic 
difficulties are examined prior to the issuance of any warrant. 
Citations are issued to determine whether the alleged crime has 
been committed. The limits of the law are defined to both the 
complainant and respondent. The necessity for issuance of a 

-29- 



criminal warrant is eliminated in most cases, thus settling the 
dispute, saving court costs and not adding to crowded court 
calendars. Referrals may be made to the many community agencies 
offering counseling service to those needing particular assistance. 

This bureau invokes Section 270 of the California Penal Code 
(failure to provide for minor children, both legitimate and il- 
legitimate). Every effort is made to secure voluntary support. 
Although 1,834 complaints of non-support were made, only 93 
warrants for arrest were issued. There were 124 voluntary refer- 
rals made to the Adult Probation Department under Section 580(d) 
of the California Welfare and Institutions Code. The members of 
the staff were, in most cases, able to secure the cooperation of 
the fathers as a result of citation hearings. 

A great deal of time and effort was exerted in searching for 
defendants who did not reside in this jurisdiction or in Califor- 
nia, through the many sources available to this office. There is 
voluminous correspondence with the following agencies: California 
Bureau of Criminal Identification and Investigation; California 
Department of Employment; Armed Forces of the United States; 
unions; employers; District Attorneys in other jurisdictions. 

There are occasions when it may be necessary for the com- 
plainant to seek civil remedy for non-support of a minor child or 
children. The complainant is then advised to file a complaint 
under the Uniform Reciprocal Enforcement of Support Act. 

The Bureau of Family Relations processed the following 

-30- 



complaints during Che fiscal year: 

Classification Ca ses 

270 Penal Code (Non-Support of Minor Children) 1,834 

270a Penal Code (Non-Support of Indigent Wife) 98 

242 Penal Code (Battery) 1,667 

415 Penal Code (Disturbing the Peace) 1,518 

594 Penal Code (Malicious Mischief) 295 

279 Penal Code (Denial of Visiting Rights) 144 

273d Penal Code (Felony Wife Beating) 18 

Mental Illness 170 

Unwed 110 

Drinking 803 

Domestic Difficulties 1,943 

Threats 538 

Miscellaneous 798 



TOTAL: 9,936 

During the year 2,562 citations were mailed; 1,613 hearings 
were held; and 2,655 referrals were made. Approximately 12,800 
telephone inquiries regarding case status, specific complaints, 
and general information were handled by this bureau. 



-31- 



UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT DIVISION 

— — — i - — m .i . . — ■< '— — -J— ■ , ■ — ■ ■ .1 —— .mu n i . !- .. . !, — jm m . — .,, — II M i ■ ^« —H I I I ■ ■ ™^^-«^ BMi^M 

It will be noted from this and our previous reports that we 
are processing more cases that are sent to us by the other states, 
as the "respondent state", than we are being requested to process 
on behalf of our Welfare Department, as "initiating state". 

The recent change whereby our cases are being heard by the 
Court Commissioner has proven satisfactory and is now established 
as a permanent procedure. The judge of the Domestic Relations 
Court is only called upon in exceptional cases involving ques- 
tions of law or the imposition of penalties for wilful violations. 

The recent amendments to the Social Security Act by Congress 
has resulted in the necessity for our division to process pater- 
nity cases. In this regard, we have under a directive from the 
Department of Health, Education and Welfare entered into a plan 
with our Department of Social Services for us to receive a 
percentage of matching funds for the services rendered in this 
connection. The expected caseload in this connection has resulted 
in the necessity to increase the legal personnel who will be 
working under the supervision of the Assistant District Attorney 
presently in charge of this division. 

The number of cases referred to us by the Adult Probation 
Officer continue to increase and it would appear from a recent 
report by the Mayor that a change in the handling of these cases 
is contemplated. If the recommendation is followed by the court 
and the responsibility for collection as well as enforcement is 

-32- 



assigned to our office, a further enlargement of the personnel of 
this division will be required. 

The present head of this division strongly advocates that 
a survey be made regarding computerizing the handling of these 
cases. This mode of procedure is presently being successfully 
carried out in a number of the larger counties of this state. 
Sacramento County was the pioneer in the installation of computers. 

The Commissioner on uniform laws has now completed a revised 
Act and they are requesting the states to enact the same as soon 
as possible. 

The Assistant District Attorney in charge of this division 
has offered a number of suggestions that have been included there- 
in. 

The statistical data for this year is as follows: 

UNIFORM RECIPROCAL SUPPORT CASES PROCESSED 1968 - 1969 

Other Jurisdic- 

Avg. tions Initiated Avg. Total Average 

San Francisco per San Francisco per Cases all cases 

Initiated Month Responded Month Processed per month 

48 4 277 23.08 325 27.08 

139.5 CIVIL CODE 
77 defendants cited 

The statistics for the Reciprocal Support Division with 
regard to support cases handled each month for the past five 
years averages out as follows : 

-33- 



1964-1965 34.68 

1965-1966 35.50 

1966-1967 27.75 

1967-1968 27.42 

1968-1969 27.08 

DECREASE OR INCREASE OF NEW CASES 1968 - 1969 

San Francisco Initiate d San Francisco Responded 

1967-1968 new cases ... 60 1967-1968 new cases . . . 269 

1968-1969 new cases ... 48 1968-1969 new cases . . . 277 

DECREASE 12 INCREASE 8 

Support orders entered 1968-1969 151 

Support orders entered or modified .... 6 

Interim orders re contempt (URESA) .... 53 

Miscellaneous orders 8 

TOTAL 218 

Average orders per month . . . 18.16 

Support orders obtained by 

other jurisdictions 25 

Average orders per month ... 2 

Total orders prepared and entered for other jurisdictions . . 218 

Total orders other jurisdictions sent to San Francisco. ... 25 

INCREASE/DECREASE OF ORDERS COMPARED 1967-1968 TO 1968-1969 

1967-1968 Orders obtained 1967-1968 Orders obtained 

by other jurisdictions for by San Francisco for other 

San Francisco 28 jurisdictions 211 

1968-1969 Orders obtained 1968-1969 Orders obtained 

by other jurisdictions for by San Francisco for other 

San Francisco 25 jurisdictions 218 

DECREASE 3 INCREASE 7 

INTERIM ORDERS UNDER 139.5 CC 

39 

MODIFIED INTERIM ORDERS 

6 

-34- 






CHANGES OF VE NUE FROM SAN FRANCISCO 

13 
CHANGES OF VENUE TO SAN FRANCISCO 



SUPERIOR COURT BAIL BOND FORFEITURES 

During the past fiscal year, there were 29 bail forfeitures 
ordered by the Superior Court which resulted in the following 
determinations : 

Summary Judgments Collected Amount 

18 28 $ 37,026.00 

One summary judgment was set aside on motion heard by the 
Municipal Court. Ten forfeitures were paid without the necessity 
of entering summary judgments. 



-35- 



DOCUMENTS 

WQ SEP 16 1970 

SAN FRANCISCO 
PUHLir LIBRARY 



ANNUAL REPORT 



1969-70 



JOHN JAY FERDON 

DISTRICT ATTORNEY 




CITY AND COUNTY pLmZ^X H OF SAN FRANCISCO 



ANNUAL REPORT TO MAYOR 



Submitted by 



JOHN JAY FERDON, DISTRICT ATTORNEY 



July 1, 1969 - June 30, 1970 



CONTENTS 

COMPLAINT DIVISION 1 

SUPERIOR COURT DIVISION 17 

OBSCENITY PROSECUTIONS 22 

BUSINESS INVESTIGATION SECTION 24 

GRAND JURY 27 

BUREAU OF INVESTIGATION 28 

Psychopathic Division 28 

Criminal Division 29 

Aid to Families with Dependent 

Children Division 31 

BUREAU OF FAMILY RELATIONS 34 

UNIFORM RECIPROCAL ENFORCEMENT OF 

SUPPORT DIVISION 37 



COMPLAINT DIVISION 
Introduction 

The Complaint Division has the multiple responsibilities 
of initiating all felony prosecutions, processing felony cases 
in the Municipal Court, prosecuting all misdemeanor cases, super- 
vising and assisting the Police Department in the preparation 
of arrest and search warrants, and issuing citations prior to 
prosecution. Each of these functions will be treated in detail 
in the pages following. 
Initiating Felony Prosecutions 

Felony prosecutions in the Municipal Court are initiated 
either by the issuance of an arrest warrant on felony charges, 
or in the vast majority of felony cases, by issuing felony com- 
plaints following an evaluation of "no-warrant" felony arrests. 

"No-warrant" felony arrests are those arrests made by po- 
lice officers when they observe acts or obtain information which 
provide them with reasonable and probable cause to believe that 
a felony has been committed. 

Following a "no-warrant" felony arrest, the case is further 
investigated by the Inspectors Bureau of the Police Department 
and then evaluated in conference by a representative of the In- 
spectors Bureau and an experienced senior Assistant District 
Attorney. 

To assure a just and proper disposition of these cases, 
the reviewing Assistant District Attorney must possess a 

-1- 



thorough knowledge of the current Federal and State criminal 
and constitutional law. Both the Federal and State Appellate 
Courts, especially in recent years, continually review and 
reinterpret the laws of arrest, search and seizure, con- 
fessions and admissions, criminal identification and other 
areas of criminal law, requiring continued time and effort by 
all prosecuting attorneys to remain abreast of these develop- 
ments. 

After the evaluation of the "no-warrant" felony arrest, 
a decision is made to initiate a felony prosecution, initiate 
a prosecution on a less serious misdemeanor charge, or to dis- 
charge the arrested person. This decision must be made within 
48 hours following the initial arrest. 

In this fiscal year the Complaint Division handled 
18,145 "no-warrant" felony cases. This was an increase of 
264 cases (1.57<>) over the 17,881 cases of the previous fiscal 
year. 

A felony prosecution was initiated in 41.65% of these 
cases and a misdemeanor prosecution was initiated in 10.64%. 
In 47.71%, the evidence, taking into account constitutional 
as well as factual limitations, was insufficient for prosecu- 
tion and the defendants were discharged. 

The following table illustrates the types of offenses 
evaluated and the results of evaluation: 



-2- 



"NO WARRANT" ARRESTS 1969 - 1970 



FELONY MISDEMEANOR 

OFFENSE TOTAL PROSECUTION PROSECUTION DISCHARGE 



Narcotics 


5,649 


2,528 


302 


2,819 


Burglary 


1,657 


974 


227 


456 


Robbery 


1,269 


604 


28 


637 


Theft 
Except Auto 


3,698 


894 


438 


2,366 


Auto Theft 


1,469 


706 


100 


663 


Check Fraud 


481 


255 


45 


181 


Murder 


86 


67 


3 


16 


Assault 


2,006 


912 


567 


527 


Sex 


366 


184 


16 


166 


Gambling 


44 


33 





11 


Weapons 


452 


96 


141 


215 


Conspiracy 


470 


102 


16 


352 


Miscellaneous 374 


140 


13 


221 


Driving 
Offenses 


124 


63 


34 


27 



TOTALS 18,145 7,558 1,930 8,657 

The inability by victims of crimes to identify potential 
defendants or allegedly stolen property and the unavailability 
of necessary witnesses were major factors resulting in the dis- 
charge of cases. 



-3- 



r-"" 



•.f.-w.n- 



' :. : 



Felony Cases in Municipal Courts 

Upon the filing of a felony complaint or the issuance of 
a felony arrest warrant and consequent arrest , the Municipal 
Court acquires jurisdiction over the case for the purpose of 
conducting a preliminary hearing before a Magistrate to deter- 
mine whether there is reasonable and probable cause to require 
the defendant (s) to stand trial on the charge (s) in Superior 
Court . 

Five Municipal Court departments concurrently conducted 
preliminary hearings during the fiscal year. An Assistant 
District Attorney was assigned to each department to prepare 
and present the necessary evidence and supporting legal author- 
ities at these hearings. In four of these departments, the same 
Assistant District Attorney also prepared and presented evidence 
and legal authorities in misdemeanor cases where trial was held 
by the Court without jury. The fifth department, in addition to 
preliminary hearings, handles all felony arraignments, felony 
bail settings, and preliminary hearing assignments to the re- 
maining four departments, and fugitives from justice from other 
states requiring the assignment of a second Assistant District 
Attorney. 

During the fiscal year 1969-1970, 7,558 felony cases 
were filed in Municipal Court, an increase of 642 cases over 
the previous fiscal year. 



-4- 



During the preliminary hearing, the defense attorney 
may cross-examine prosecution witnesses and present evidence 
and legal authorities on behalf of the defendant which may re- 
quire a re-evaluation of the case by the Assistant District 
Attorney or a dismissal of the case by the Magistrate. Dis- 
missals in Municipal Court are routinely requested by the 
Assistant District Attorney, as well, where the case was pre- 
sented to the Grand Jury prior to preliminary hearing. 

During the reported fiscal year, 40.52% of the felony 
cases which were filed were held for trial in Superior Court, 
5.877o were indicted, 27.90% were reduced to misdemeanor charges 
after re-evaluation, 18.05%, were dismissed, and 7.66 are 
pending or were subject to other procedures such as certifi- 
cation to Superior Court for determination of the mental compe- 
tency of the defendant to stand trial, or certification to 
Youth Guidance Authority where the defendant is under age, 
and the issuance of bench warrants for the arrest of defen- 
dants who did not appear. 

The following table illustrates the types of offenses in- 
volved and the dispositions made: 



-5- 



FELONY CASES IN MUNICIPAL COURT 1969-1970 

PEND- 
OFFENSE TOTAL HELD INDICTED REDUCED DISMISSED ING OTHER 



Narcotics 2,742 


1,079 


90 


905 


401 


115 


152 


Burglary 1,091 


587 


83 


272 


97 


13 


39 


Robbery 701 


360 


89 


51 


173 


8 


20 


Theft (ex- 














cept auto) 1,020 


324 


26 


371 


231 


27 


41 


Auto Theft 805 


325 


3 


263 


172 


17 


25 



Check Fraud 463 143 193 83 21 23 
Murder 91 22 56 1 9 3 

Assault 1,070 409 64 259 255 28 55 
Sex 276 132 42 15 57 21 9 

Gambling 30 9 11 7 12 

Weapons 130 50 5 38 29 3 5 
Conspiracy 122 25 46 23 9 13 6 
Misc. * 128 50 8 16 45 2 7 

Driving 79 30 1 32 11 3 2 

TOTALS 8,748 3,545 513 2,450 1,579 272 389 
Fugitives 103 
Misdemeanor Cases 

Persons arrested, or cited in lieu of arrest, for misde- 
meanors committed in San Francisco appear in one of the four 
general departments of the Municipal Court where the disposition 
is determined by guilty plea, court trial, transfer to jury de- 
partments, or dismissal. Felony arrests resulting in misde- 



-6- 



meanor prosecutions are also subject to the exclusive juris- 
diction of these Municipal Court departments. Two special 
departments hear and determine all vehicle and traffic 
offenses except where a jury is demanded; one traffic de- 
partment handled related criminal offenses such as resist- 
ing arrest, disturbing the peace, etc.. Each of these six 
departments has an assigned Assistant District Attorney. 
From two to four additional departments hold jury trials 
and hear related matters; misdemeanor jury matters are 
treated separately in this report. 

The four general departments of the Municipal Court 
handled 21,233 misdemeanor cases during the fiscal year 1969-70 
The two special traffic departments handled 16,780 vehicle code 
and traffic cases. One traffic department handled 996 related 
criminal offenses. These figures include the cases trans- 
ferred to jury departments. 

The following table illustrates the types of offenses 
and statutory sections involved in general and traffic depart- 
ments : 



-7- 



TYPES OF OFFENSE 



STATUTORY SECTION 



NUMBER 



Narcotic and Drug 


647(f) PC 
11721 H&S, 


(drugs) 
4230 B&P 


2,277 


Weapon Offenses 


12025 PC, 12031 PC, 
1291(b) MPC, 1290 MPC 


1,247 


Battery 


242 PC 




1,199 


Disturbing the Peace 


415 PC 




1,127 


Petty Theft 


488 PC 




2,745 


Resisting Arrest 


148 PC 




1,257 


Failure to Provide 


270 PC 




126 


Under Influence of 
Alcohol/Drugs 


647f PC 




1,563 


Driving Under In- 
fluence of Alcohol /Drugs 


23102 VC 




1,916 


Gambling 


330 PC 




603 


Prostitution 


647(b) PC 




1,841 


Lewd Conduct and 
Obscenity 


647(a) PC, 
315 PC 


314 PC 


942 



Misc. Criminal Violations 

Serious Traffic Violations 14601 VC; 20002 VC; 

23102 VC; 23103 VC; 
23104 VC; 23106 VC 

Other Traffic Offenses 

TOTAL CASES HANDLED: 



7,302 

3,014 
11,850 
39,009 



In addition, 18,805 common drunk arrests were made, re- 
quiring the preparation of a complaint in each case. 



-8- 



Jury Department 

During the 1969-1970 fiscal year, misdemeanor jury 
trials were the responsibility of a maximum of five attorneys 
with an average of four attorneys available at any given time. 
During this period there were 5,497 misdemeanor jury demands. 

To explain the following statistics, a group arrest of 
several defendants is counted as one case. If one trial re- 
sulted, a finding of guilty one one count is deemed a finding 
of guilty on all. If other charges are dismissed they are not 
counted as dismissals unless the dismissed charge resulted from 
a separate arrest. 

Pleas of guilty or no contest were entered by 3,264 
defendants. Jury trial was waived in 157 cases, 149 of which 
were then returned to the general courts; the remaining eight 
cases were tried by the court in the jury department but with- 
out jury; 131 defendants charged with minor traffic violations 
agreed to attend Traffic School after which their cases were 
dismissed; 195 defendants submitted their cases on the report 
of the arresting officers for determination and more than 807 o 
were found guilty. In addition 21 cases were certified to the 
Youth Guidance Center due to the age of the defendants. 

The jury department took 147 cases to trial, which re- 
sulted in 41 guilty verdicts, 43 acquittals and 37 hung juries. 
Of the remaining 26 cases, 25 defendants plead guilty during 



-9- 



the course of the trial and one defendant was dismissed during 
the course of the trial. 

In 1,540 cases the District Attorney's Office moved for 
dismissal due to a guilty or no contest plea on another charge, 
the unavailability of witnesses, or in the interest of justice. 
As of June 30, 1970, pending cases numbered 618. 
The following list illustrates the type and approximate 
percentage of offenses for which juries were demanded: 
Prostitution Offenses 22.8% 

Drunk Driving 5.4% 

Other Vehicular Offenses 11.3% 

Sex Crimes 3.5% 

Drug Offenses 5.9% 

Battery 7.2% 

Thefts 7.4% 

Weapon Offenses 3.3% 

Miscellaneous Offenses 33.27» 

During the past two years the jury department has also 
had the responsibility of prosecuting the 447 individual de- 
fendants arrested in the mass arrest at San Francisco State 
College on January 23, 1969. An accurate reporting of the dis- 
position of these cases requires a consolidated statement for 
both years. Jury verdicts were reached in 21 trials; in three 
other trials the jurors failed to agree. The bulk of these 
trials occurred during fiscal 1968-1969. The final dispositions 

-10- 



for all defendants were: 

Guilty by verdict 110 

Guilty pleas 41 

Conviction on no contest pleas 221 

TOTAL 372 

Not guilty by verdict 51 

Dismissed 18 

TOTAL 69 

Deceased 1 

Failed to appear - Bench Warrant 5 

TOTAL J5^ 

GRAND TOTAL 447 



40.7% of these dispositions occurred during fiscal 
1968-69 and 59.3% occurred during fiscal 1969-70. 

Appellate Division 

The Appellate Division of the office handles all appeals 
arising from misdemeanor convictions in the Municipal Court. 
Such appeals are taken to the three judge Appellate Department 
of the Superior Court and may be filed either by the defendant, 
or by the People in certain cases. The Appellate Division con- 
sists of one Assistant District Attorney who prepares and files 
motions, affidavits, briefs and various other pleadings. This 



-11- 



attorney makes regular appearances on Friday mornings before 
the Appellate Department of the Superior Court for oral argu- 
ment on such matters. 

The attorney assigned to appellate work also prepares 
pleadings and makes appearances in the Municipal Court in con- 
nection with demurrers and various pre-trial motions heard in 
Department No. 17, which is the Municipal Court Law and Motion 
Department. He prepares briefs in response to petitions in the 
Superior Court for various extraordinary writs and appears in the 
Law and Motion Department of the Superior Court for argument on 
such matters. 

During the period between July 1, 1969 and June 30, 1970, 
ten appeals were taken by the People. This was twice as many 
as were taken for the same period the year before. Five of 
these were abandoned for various reasons . Of the remaining 
five, one judgment was affirmed, and the People won reversals 
on the other four. 

During the same year period, a total of 166 appeals were 

filed by defendants with the following results: 

Reversed & Dismissed on 

Affirmed Reversed Remanded Abandoned Motion of D.A . 

29 5 2 14 115 

One case involved a defendant's petition for permission of the 

Appellate Court to allow him to file a late notice of appeal. 

That petition was denied. 

The figures for the 1969-1970 period indicate a substantial 

-12- 



increase in the number of appeals filed on behalf of defen- 
dants, which were subsequently dismissed on motion of the 
District Attorney either for lack of prosecution by the de- 
fendant or as frivolous appeals. The number of appeals which 
defendants prosecuted to completion is also larger for this 
year, 36 appeals as compared to 21 appeals completed last year. 

Arrests and Search Warrants 

Due to recent United States and California Supreme Court 
decisions, the preparation and issuance of arrest and search 
warrants has become an increasingly important function of the 
District Attorney's Office. 

Stricter search and seizure rules have necessitated the 
police department's obtaining search warrants in many more cases 

In addition, considerable investigation by the Assistant 
District Attorney issuing a warrant precedes the filing of the 
specific factual declarations which are now a required part of 
both types of warrants. 

In fiscal 1969-70, 1,920 arrest warrants were prepared. 
Figures for search warrants were not maintained. 

Complaint Division Citations 

An important function of the District Attorney's Office is 
the issuance of citation notices (not to be confused with ci- 
tations issued by the police department as an alternative to 

-13- 



arrest.) 

The party against whom a complaint has been made is mailed 
a notice directing his appearance in the District Attorney's 
Office at a specified time. At that time an informal hearing 
is conducted with all parties present. 

Following the citation hearing, a warrant of arrest may 
issue or, more commonly, the matter is settled in this office. 

In addition to complaints instigated by private citizens, 
many state and local agencies use the citation process to secure 
compliance with the law. City and County agencies include: 
Tax Collector; Fire Department; Department of Public Health; 
Department of Electricity; Department of Public Works; Building 
Inspector. State agencies include: Board of Equalization; 
Dept. of Industrial Relations; Dept. of Employment; Board of 
Medical Examiners; Dept. of Professional Standards; Dept. of 
Public Works; Board of Equalization. 

During the fiscal year 1954, district attorney citations 
were issued. 

Other functions 

The complaint Division has voluminous communication with 
the general public which does not result in litigation of a 
criminal nature. Many persons with civil and criminal problems 
are referred to this office by the police department and by 
other public and private agencies. Every effort is made to 

-14- 



direct the inquiring citizen to the proper agency if his case 
is not within the geographical or statutory jurisdiction of 
this office. 

Needless to say there are numerous incoming telephone 
calls ;many of the problems presented require the legal opinion 
of an Assistant District Attorney. 

Recapitulation-Municipal Court Responsibilities 

Each morning before court an Assistant District Attorney 

reviews all police reports of incidents occurring within the 

preceding 24 hours. Arrest and citation reports are separated 

and felony arrest reports are referred to the senior Assistant 

responsible for evaluation. Misdemeanor arrests and citations 

are reviewed for accuracy of charges and appropriate complaints 

in the case of arrests are prepared. Additional traffic and 

common drunk complaints are also prepared. 

Each Assistant District Attorney takes the misdemeanor 

complaints to his or her assigned court for filing. In court 

the defendants are arraigned and bail is set. Thereafter, pleas 

are entered and jury is demanded or waived and court trials set 

for hearing. Court trials and felony preliminary hearings are then 

conducted. The two Assistant District Attorneys assigned to the 

felony arraignment court follow a similar procedure when felony 

complaints have been prepared after conference and evaluation 

with the representative of the Police Department Inspector's 

Bureau . 

-15- 



One jury department sets trial dates for all matters re- 
ferred for jury trial and another jury department hears all matters 
relating to the legality of the arrest, legality of the search 
and seizure and applicability or constitutionality of the statu- 
tory violation charged. All jury departments conduct trials. 

A total of fourteen Assistant District Attorneys appear 
in these courts and three senior Assistants supervise those 
appearing in court and evaluate felony "no warrant" arrests. 
Misdemeanor appeals, special assignments (such as "red light 
abatement" and pornography) preparation of warrants, the hold- 
ing of citation hearings,, and correspondence require five or six 
additional Assistants in this Division. 

Recapitulation: Statistics 

1968-69 1969-70 

"No warrant" felony arrests 17,881 18,145 

Felony cases in court 8,176 8,748 

Misdemeanor cases in court 33,973 39,009 

Misdemeanor jury demands 4,719 5,497 

District Attorney's 

citations issued 3,865 1,954 

Arrest Warrants Prepared * 1,920 

* No accurate figures available. Statistics for prior years 
were obtained from the Central Warrant Bureau of the Police 
Department and include bench warrants issued for failure by 
defendants to appear when scheduled. 



-16- 



SUPERIOR COURT DIVISION 

The Criminal Division of the Superior Court has trial 
jurisdiction of all felony cases in the County of San Francisco. 
One Superior Court at the Hall of Justice is occupied solely 
with processing the master calendar. This Court hears the 
arraignment, plea, discovery, and other pre-trial proceedings 
of each case. Three attorneys are assigned to the preparation 
and calling of this calendar, which often has 150 separate 
cases to be called. Following all pre-trial procedures and 
settlement procedures in the master calendar court the cases 
are assigned to another Department of the Superior Court for 
trial. Three such courts sit at the Hall of Justice on a regular 
basis and additional Superior Courts are used for these trials 
at the City Hall. Because of the tremendous backlog of custody 
cases, assignments to the City Hall for trial of criminal cases 
greatly increased during the fiscal year 1969 - 1970. We are 
now presenting cases in two City Hall courts each week in 
addition to the three trial courts at the Hall of Justice. 

Filings in the Criminal Division of the Superior Court 
consist not only of criminal matters for trial but also certi- 
fications from the Municipal Court for determination of sanity 
of a defendant, petitions for writs of habeas corpus, commit- 
ments as mentally disordered sex offenders, and petitions for 
determination of whether or not a defendant is addicted to 
the use of narcotics. 

The master calendar system was instituted by the San 
Francisco Superior Court on November 3, 1969. This neces- 
sitated the change of methods of record keeping by this office 

-17- 



to reflect filings and dispositions in one court rather than 
four, as previously was the practice. This year's report, 
therefore, combined the two systems to effect the changeover 
in records. 

During the fiscal year July 1, 1969 to June 30, 1970, 
there were 2,831 case filings in the Superior Court Division, 
consisting of both informations and indictments. There were 
3,356 individual defendants involved, the disparity resulting 
from the numerous cases involving more than one defendant. 

During this fiscal period this Division disposed of 
cases involving a total of 2,347 individual defendants by 
trial, pleas of guilty and the other enumerated legal proceed- 
ings. 87% of these defendants who proceeded to trial were 
convicted. New filings by individual defendants exceeded by 
1,000 the number of previous defendants completely processed 
during that same period. 

Not only were there a greater number of filings during 
the last fiscal period, but there was a great increase in the 
number of demands by those in custody for trial within the 
statutory period of sixty days. This required the master 
calendar Judge to request the additional Superior Courts at 
the City Hall to give preference to the trial of criminal cases 
over civil matters and forced this office to assume a sixty- 
five percent heavier trial burden within a period of eight months 
With the addition of only two attorneys to the staff of the 
Superior Court Division this increased work load has been main- 
tained with difficulty since the advent of the master calendar 
system. 



-18- 



The complexity of legal defenses available by court 
decision has increased the average length of time required in 
the prosecution of each felony case. Pre-trial motions for 
"discovery" and "suppression of evidence" have also greatly 
increased. Written briefs, memoranda, and criminal records 
required in these matters have multiplied as a natural result 
of this increase placing a greater burden on the secretarial 
staff as well. 

There are fifteen lawyers presently assigned to the 
regular trial of felony cases in the Superior Court Division 
and the handling of the master calendar. Two of these lawyers 
combine with trial of cases the duty of administration of trial 
assignments to the various criminal courts at the Kail of 
Justice and the City Hall. 
Superio r Cou rt Calendar Problems 

In October, 1969, the Superior Court instituted a Master 
Calendar system for controlling felony cases. At the same time, 
the Federal Court, after twenty years experience with a Master 
Calendar, abandoned it as unsatisfactory. 

Since the Master Calendar has been in use, the problems 
have increased rather than decreased. Each day the Master 
Calendar Court carries up to 150 cases for assignment, pre- 
liminary pleas, motions and miscellaneous hearings. This case 
load over-burdens the single judge assigned and requires two 
and sometimes three Assistant District Attorneys to present 
the cases. This method of assigning cases for trial does not 
permit the assignment of cases in this office to individual 
Assistants for preparation prior to trial. An Assistant is 
assigned two or three cases to prepare at one time, each of 
which is set for trial within two or three days. Experience 

-19- 



has shown that one or two of these defendants will enter pleas 
of guilty at this stage, and the District Attorney must then 
proceed with his "backup" case in order not to lose a court 
day. In many instances, these cases cannot be properly pre- 
pared in this short time because there is no way of assuring a 
particular Assistant will be available when a particular case 
must go to trial. It is almost impossible to have effective 
prior case assignments. It must be pointed out that the 
District Attorney cannot control the dates that cases are •'«* 
assigned for trial. Another disadvantage of the Master Calendar 
system is that all of the cases are assigned to one department 
before they are sent out for trial. The attorney receiving a 
case for trial normally has no prior knowledge of the persons 
involved, the previous hearings or legal motions already ruled 
on by the court; nor does he have any familiarity with the 
facts of the case. 

Under the former system each court maintained its own 
calendar. Assistant District Attorneys assigned to the in- 
dividual courts were completely familiar with all facets of 
each case pending in court; and were more fully prepared for 
trial at any time. It was easier to work out trial dates and 
much easier to negotiate pleas. It is the recommendation of 
this office that the Master Calendar system be modifed, or 
abandoned, to allow each Superior Court to control its own 
calendar. 

In connection with the calendar problem, there has been 
a continuing courtroom space problem. This office has been 
trying cases at the City Hall without having any adequate 



-20- 



facility there for the attorneys. There are no facilities at 






City Hall for properly safeguarding the participants in trials 
where defendants are in custody. This office has recommended 
to the Presiding Judge of the Municipal Court and to the Pre- 
siding Judge of the Superior Court that the two Municipal 
Courts in the Hall of Justice, which are presently used for 
misdemeanor jury trials, be used instead for fel ony custody 
jury trials. The misdemeanor jury trials could then be held 
at the City Hall in the courts vacated by the Superior Court 
judges. There would be little inconvenience if this were done 
inasmuch as defendants in misdemeanor jury cases are almost 
always on bail and obviously are not charged with such serious 
crimes. The request for this simple change has been ignored. 



21- 



OBSCENITY PROS ECU TIONS 

The current year began with the District Attorney being 
summoned into Federal Court to reply to numerous petitions filed 
there seeking to prevent the prosecution from obtaining vital 
evidence needed in pornography trials. The number of federal 
suits increased during the year until May of 1970 when the 
United States Ninth Circuit Court of Appeals affirmed orders of 
the District Court requiring the prosecution to return previous- 
ly seized pornographic film to the exhibitors. These appearances 
are time consuming and legally complicated. The massive return 
of evidence ordered by the federal courts effectively eliminated 
the basic evidence needed for trial in numerous pending cases 
against large theater operators. This resulted in an expansion 
of the number of theaters showing pornographic motion pictures. 
More recent decisions of the United States Supreme Court have 
broadened the scope of erotic material which can legally be 
distributed. Those decisions resulted in the dismissal of 
numerous cases in San Francisco involving erotic photo magazines 
including one case wherein the defendant had already been found 
guilty. 

Under current court procedures it now requires one day's 
time of one Assistant District Attorney drawing pleadings and 
assembling evidence and affidavits for the seizure of one ob- 
scene motion picture film. This procedure requires appearances 



-22- 



before both the Municipal Court and the Superior Court to ob- 
tain temporary restraining orders to insure the availability 
of the film in question when a search warrant is finally issued. 
Thereafter, adversary hearing requiring one-half day of an 
attorney's time are required in each case. After the seizure of 
the film, the defendant has numerous pretrial motions and hear- 
ings available which he invariably uses. These new procedures 
are to be contrasted with the former search warrant procedure 
which required only ten to fifteen minutes of an attorney's 
time to review the proposed affidavit. Also, the current pro- 
cedure requires a half day of typing by a legal secretary to 
amass all the information needed to substantiate the initial 
application for a search warrant and restraining order. 

Currently it requires seven to ten days of court time 
to conduct a pornography trial. Formerly, most defendants 
pled guilty without trial; however, given the uncertainty 
created by appellate court decisions in the last five years, 
a defendant does well to contest the charge and hope for an 
acquittal, a hung jury or relief on appeal if found guilty. 
The longest pornography trial during the year required three 
full weeks of jury time, the shortest, before a court, with- 
out a jury, required one full day. 



•23- 



B USINES S INVESTIGATION SECTION 

During the past fiscal year this Section investigated 
and prosecuted the following types of offenses: Embezzlements, 
Thefts by False Pretenses, Corporation Security Violations, 
Forgeries, Credit Card Violations, State Tax Violations and 
other related criminal activities. 

Investigations are initiated by complaints from citizens 
and from Federal, State and City and County agencies. The 
first step in investigation is an interview with the complainant 
or with an investigator from a governmental agency. This is 
followed by securing of further evidence, if needed, and in- 
terviews with all persons who may be witnesses. A Warrant is 
issued if it is determined there are sufficient grounds for a 
criminal charge. 

In some cases, however, a hearing is held at the office 
of the District Attorney, at which time all interested parties 
are invited to appear. 

If no further investigation is required, a warrant may 
be issued or the matter may be dismissed, depending upon the 
disclosed circumstances. This procedure of investigation and 
hearing may take from one day to many months , depending upon 
the intricacies of the case. 

Following arrest for a felony, the defendant is held to 
answer for trial either through a preliminary hearing or by 
indictment. 

Below are the resumes of some of the more important cases 
of the past year: 



-24- 



People v s. Boyd 

This case involved a bookkeeper who, within three weeks 
after her employment, embezzled $4,000.00 by illegally making 
checks payable to herself. The defendant was on parole at the 
time she committed the theft and was sentenced to State Prison 
after her plea of guilty. 
People vs. Luick 

The defendant obtained approximately $20,000.00 from 
various individuals upon the false representation that he 
would invest it in the gold market. The defendant, having two 
prior convictions for the same violations, was sentenced to 
the State Prison. 
People vs. Ros s 

This case involved the defendant's obtaining $10,000.00 
by falsely representing that the money would be used to buy 
autos which would then be resold at a profit. To substantiate 
his representations the defendant used fictitious purchase 
orders. Upon the defendant's plea of guilty, he was sentenced 
to State Prison, having previously been convicted of four 
similar felonies. 
People vs. Jeffreys 

The defendant was employed as an insurance claims adjustor 
with authority to settle and pay claims. During a five-year 
period she embezzled over $200,000.00 by making drafts to 
fictitious persons which she then deposited into her own bank 
account. The defendant is presently awaiting sentence. 

In addition to criminal prosecution, this Section has 
continued to obtain injunctive relief in cases involving false 



-25- 



advertising and unlawful business practices. The prosecution 
of these matters initially requires the securing of a temporary 
restraining order, followed by the obtaining of a preliminary 
injunction and ultimately a permanent injunction. These actions 
can result not only in stopping illegal business practices, 
but in the county's receiving up to $2,500.00 for each vio- 
lation. 

During the past year this Section has also become involved 
in securing more effective protection for the consumer, This 
has included, in addition to obtaining injunctive relief, 
participation in the newly created Consumer Protection 
Coordinating Committee. 



-26- 



GRAND JURY 

One important function of the District Attorney is to 
act as legal advisor to the Grand Jury in all criminal matters, 
He is responsible for the presentation of evidence in felony 
cases where an indictment is sought. Witnesses are called and 
cases are presented each Monday evening. When indictments 
are voted they are formally presented to the Presiding Judge 
of the Superior Court on the following Thursday morning. 

During the fiscal year 564 witnesses were called to 
testify before the Grand Jury. A total of 164 indictments 
were returned involving 240 defendants. 



-27- 



BUREAU OF INVESTIGATION 

This bureau of ten, headed by the Chief Investigator, 
has one Psychiatric Investigator, six investigators assigned 
to the Criminal Division, and three in the division handling 
Aid to Families with Dependent Children. 
Psycopathic Division 

The primary functions of the Psycopathic Division of the 
District Attorney's office are as follows: 

(1) Investigation of alleged mentally ill and 
intemperate person, as well as those addicted 
to narcotics or habit -forming drugs. 

(2) When warranted, the filing of petitions with 
the Health Department requesting that such 
persons be given psychiatric examinations 
and treatment. 

(3) To interview and advise persons requesting 
information on psychiatric facilities and 
legal procedures relating to the problems 
of mental illness, alcoholism and narcotic 
addiction. 

In general, the Psychopathic Division serves as a clearing- 
house for information regarding mental illness, deficiency, 
alcoholism, drug and narcotic addiction. Direct referrals are 
received from practically all the local public and private 
agencies dealing with social problems, and numerous interviews 
are held with private citizens regarding their relevant problems, 
Home visits are made; background information on cases in 
progress is gathered. 

-28- 



Complaints are investigated by a certified psychologist 
employed by this office and regularly assigned to all such 
cases. Whenever advisable, a member of the legal staff is 
also assigned. Where reasonable and probable cause exists, 
and where no relatives or other interested parties are located 
or willing to assume the responsibility, this office files 
a petition with the Health Department requesting a psychiatric 
examination of said person. 

During the fiscal year ending June 30, 1970, the Psycho- 
pathic Division was directly concerned with 347 investigations: 

1969 - 1970 1968 - 1969 



Mental Illness 


201 


345 


Narcotics and Drugs 


132 


7 


Intemperance 


14 


2 




347 


354 



In addition, the Psychopathic Division conducted numerous 
investigations during the fiscal year which resulted in the 
locating of relatives or other interested persons who were 
willing and able to assume responsibility for the patient and 
arrange private hospitalization or psychiatric care without the 
necessity of court proceedings. Many other complaints were 
found upon investigation to be without merit, and legal action 
was unnecessary. 
Criminal Division 

The Criminal Investigators assist the legal staff in 
preparation of cases for court by securing evidence, inter- 
viewing witnesses, obtaining offense reports and criminal 
records of the accused, and serving subpoenas for the attendance 



-?Q- 



of witnesses for trials in the Superior and Municipal Courts. 
One Criminal Investigator is assigned to the Business 
Investigation Section to assist the Assistant District Attorney 
in conducting investigations. 

Other duties are the service of all Uniform Reciprocal 
Support Orders and the conducting of various inquiries requested 
by the legal staff. 

Section 4352.01 of the California Penal Code provides 
for the granting of Certificates of Rehabilitation and Pardon 
by the Governor. An investigation of each applicant is con- 
ducted by the District Attorney to determine eligibility. 
Such investigative reports, in affidavit form, are subsequently 
presented to the Superior Court for its determination. 

Following is a brief summary of the major activities of 

the Criminal Division of the Bureau of Investigation for the 

fiscal year 1968 - 1969: 

Reports and criminal records 

obtained 3,733 

Subpoenas served 287 

Interviews held 174 

Reciprocal Support Orders served 60 

Certificates of Rehabilitation 

processed 25 

Direct assistance in preparation 

of criminal cases for trial 273 

Investigation of applicants as 

bail solicitors or bail bondsman 21 

Inquiries into demands made pursuant 

to Section 1381 Penal Code 98 



-30- 



Aid to Families with Dependent Children Division 

Since the enactment of Section 1552.4 (now Section 11475) 
of the Welfare and Institutions Code in 1951, the Department 
of Social Services and the Youth Guidance Center have referred 
42,874 cases to the District Attorney for investigation,, 
This office does net determine the eligibility of 
applicants for aid; such determination is made exclusively 
by the Department of Social Services. The principal functions 
of the AFDC investigators are: 

1. Finding the absent parents to enforce legal 
support obligations. 

2. Instituting proper criminal action against 
those who have fraudulently received aid. 

During the fiscal year 1969 - 1970 

1,869 New AFDC cases referred. 
321 Inactive cases reopened. 
3 , 521 Active cases held over from last year. 
5 , 7 II" Total active case load. 
3,321 Cases closed 
T^&O Active cases as of July 1, 1970. 

Approximately 4,027 interviews were held regarding the 

above cases. 

The following were the reasons for closing 3,321 cases: 

The impossibility of establishing paternity. 

Uniform Reciprocal Support Action by this 
office, whereby an ord.^r was obtained for 
support from a responsible parent residing 
outside of California 

Convictions under Section 270 of the Penal 
Code, resulting in sentences of probation 
or incarceration. 

The complainant left this jurisdiction. 



-31- 



The Adult Probation Department took over 
supervision of the absent parent on voluntary 
probation (Section 580 (d) of the Welfare and 
Institutions Code) or per Section 4702 of the 
Civil Code. 

The defendant was located by this office 
and a support agreement reached for payment 
either to the recipient or the Department of 
Social Services. 

It is estimated that the AFDC investigators effected 
savings to the taxpayers in the amount of $418,236. 

Paternity 

The increase in illegitimacy is a contributing factor to 
the increase of welfare disbursements. Establishing paternity 
of these children is difficult, but AFDC investigators endeavor 
to have the natural fathers voluntarily acknowledge paternity 
through written statements, and then arrange support payments 
commensurate with the individuals' incomes. During this 
fiscal year, 130 such statements were obtained by the investi- 
gators. 

Investigations 
for Other Jurisdictions 



Another duty of the AFDC investigators is locating and 
interviewing absent parents, verifying wages, securing voluntary 
paternity acknowledgments and other data for other jurisdictions. 
Approximately 139 such requests were received and processed 
during this year. 

Welfare Fraud 

Fraud is the general term applied to those cases in which 
there are reasonable grounds to believe that a welfare recipient 
has received aid as a result of wilfully and knowingly making 



-32- 



false statements or failing to disclose a material fact, in 
order to obtain such aid. 

Such cases are either initially detected and investigated 
by the AFDC investigators of this office or are referred to 
this office for additional investigation and analysis by the 
Department of Social Services. 

The 1969 State Supreme Court ruling in People vs . Gilbert 
holds that where a person has fraudulently obtained unauthorized 
assistance from the Aid to Families with Dependent Children 
program, prosecution must be conducted under Section 11482 
Welfare & Institutions Code (Fraudulent representation or 
nondisclosure as to aid) , a misdemeanor. The court held that 
prosecution under Section 487 Penal Code (Grand Theft), a 
felony, was improper. This office was obliged to cancel all 
of the outstanding felony warrants falling within this category. 

All subsequent misdemeanor citations and complaints 
initiated by the Department of Social Services are heard by 
them in the same manner as those of other state and local 
agencies. 



-33- 



BUREAU OF FAMILY RELATIONS 

This bureau investigates all complaints of a purported 
criminal nature arising within a family or qua si- family situation, 

Four staff members investigate these complaints, which 
include: failure to provide for minor children; failure to 
provide for indigent wives; battery; assault; wife beating; 
disturbing the peace; threats to do bodily harm; malicious 
mischief; mental illness; alcoholism; establishment of paternity 
upon the complaints of unwed mothers; denial of visiting rights 
to a parent where custody of child or children is under court 
order; various other types of domestic difficulties. Cases of 
mental illness or alcoholism are referred to San Francisco 
General Hospital, Psychopathic Division, for investigation. 

Effective July 1, 1970, added to the list of complaints 
is Section 653 (m) of the California Penal Code (making annoying 
telephone communications). Many complainants have stated that 
as a result of such telephone calls to their place of employment, 
they have been discharged by their employer. 

Although not listed in a classification per se, there haa 
been a noticeable increase of complaints on the use of narcotics 
within a family or quasi- family situation. Referrals are made 
to agencies offering assistance with the problem of drug abuse. 
In many instances complaints are brought directly to the 
Narcotics Detail when information given to an investigator may 
be of significant interest to the Narcotics Bureau. 

All alternative actions to solution of these domestic 
difficulties are examined prior to the issuance of any warrant. 



-34- 



District Attorney Citations are issued to determine whether the 
alleged crime has been committed. The limits of the law are 
defined to both the complainant and respondent. The necessity 
for issuance of a criminal warrant is eliminated in most cases 
to the satisfaction of all concerned, thus settling the 
dispute, saving court costs and not adding to crowded court 
calendars. Referrals may be made to the many community agencies 
offering couseling service to those needing particular assistance 

This bureau invokes Section 270 of the California Penal 
Code (failure to provide for minor children, both legitimate 
and illegitimate) „ Every effort is made to secure voluntary 
support. Although 1,712 complaints of non-support were made, 
only 61 warrants for arrest were issued. There were 95 
voluntary referrals made to the Adult Probation Department 
under Section 580(d) of the California Welfare and Institutions 
Code. The members of the staff were, in most cases, able to 
secure the cooperation of the fathers as a result of citation 
hearings . 

A great deal of time and effort was exerted in searching 
for defendants who did not reside in this jurisdiction or in 
California, through the many sources available to this office, 
There is voluminous correspondence with the following agencies; 
California Bureau of Criminal Identification and Investigation; 
California Department of Employment; Armed Forces of the 
United States; unions; employers; District Attorneys in other 
jurisdictions. 

There are occasions when it may be necessary for the 
complainant to seek civil remedy for non-support of a minor 
child or children. The complainant is then advised to seek the 

-35- 



services of an attorney and to pursue to file a complaint under 
the Uniform Reciprocal Enforcement of Support Act. 

The Bureau of Family Relations processed the following 
complaints during the fiscal year: 

Classification Cases 

270 Penal Code (Non-Support of Minor Children) 

270(a) Penal Code (Non-Support of Indigent Wife) 

242 Penal Code (Battery) 

415 Penal Code (Disturbing the Peace) 

594 Penal Code (Malicious Mischief) 

279 Penal Code (Denial of Visiting Rights) 

273(d) Penal Code (Felony Wife Beating) 

Mental Illness 

Unwed 

Drinking 

Domestic Difficulties 

Threats 

Miscellaneous 

TOTAL: 10,234 

During the year 2,459 citations were mailed; 1,615 hearings 
were held; and 2,502 referrals were made. Approximately 12,900 
telephone inquiries regarding case status, specific complaints, 
and general information were handled by this bureau. 



1,712 


67 


1,817 


1,602 


355 


146 


40 


145 


128 


924 


1,648 


582 


1,068 



-36- 



UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT DIVISION 

It presently appears that there has been a definite in- 
crease in the case load of this division during the present 
fiscal year. 

Notwithstanding the fact that the San Francisco Neighbor- 
hood Legal Assistance Foundation and the Legal Aid office have 
been processing cases for mothers who are not on Welfare, we 
have had an increase of the number of these cases that we have 
been called upon to process. 

During the past year there have been a number of changes 
in the Domestic Relations Department of the Superior Court, which 
has handicapped this office when there was no judge definitely 
assigned to handle the work of that court. Recently, the judge 
who normally presides over the Domestic Relations Department has 
assigned a Court Commissioner to handle the calendar and we are 
now presenting cases before the Commissioner. 

Under a directive from the Department of Health, Education 
and Welfare, we have been called upon to process paternity 
cases. Nineteen of these cases have been filed and a portion 
of these will result in default judgments. In the remaining 
cases court trials will be required in order to obtain a judicial 
determination on the question of paternity. This assignment 
has increased the case load. Additional help will be required 
to properly present these matters. 

The Commissioners on Uniform Laws have prepared and 
submitted to the respective states some necessary amendments to 
the Reciprocal Support Act, which should be adopted. Although 
a number of the other states have already done so, our State 
Legislature has not as yet acted. 



Commensurate with the increase of the staff of the Adult 
Probation Department is the increase in the number o| referrals 
to this division for follow-up on cases referred to them by 
the court. 

On the basis of the increase in the case load, consideration 
should be given to computerizing the handling of these cases. 
This mode of procedure is presently being successfully carried 
out in a number of the larger counties of this state. For 
example, Sacramento District Attorney's office, where statistics 
indicate that the income from these cases has tripled since 
the computer system was put into effect by that county. 

The statistical data for this year is as follows: 
UNIFORM RECIPROCAL SUPPORT CASES PROCESSED IN FISCAL YEAR 1969-1970 

■ ■■!!. I— HI ■■ll-.ll „ — .,,, ,|l|.. ,,, ■ — ■ „ ■■ ■■ ■ M M.. „ ■, »1 ,., , „ ,.11, ,11, ■ !■ ■ .1-1. . ■■ ■. ■ ■ ■ HI .-I.!.— M »>■■ I I I ■^^■^— II ■■■ — — ■— I ■ ■ -I —— II ■— — I — ■■ 

Other Jurisdictions Initiated 

Total Average 

San Francisco Av.per San Francisco Av. per Cases All Cases 

Initiated Month Responded Month Processed per Month 

59 4.9 300 25 359 29.91 

4702 CIVIL CODE 
( formerly 139.5) 

113 Defendants Cited 

The statistics for the Reciprocal Support Division with 

regard to support cases handled each month for the past five 

years averages out as follows: 

1965-1966 35.50 

1966-1967 27.75 

1967-1968 27.42 

1968-1969 27.08 

1969-1970 29.91 

DECREASE OR INCREASE OF NEW CASES 1969-1970 

■■ ■■ n ■ ■■■■!■■ !■■ I ■■■-■■■ — . — ■ ■■ — ■■ ■—■.— ■■■■I II ■^IH ■ ■■»—■■! I 1^— ■■—!■. M ■!— — 

San Francisco Initiated San Francisco Responded 

1968-1969 - New Cases ... 48 1968-1969 - New Cases ... 277 

1969-1970 - New Cases ... 59 1969-1970 - New Cases ... 300 

INCREASE ... IT INCREASE . . . ~2T 

-38- 



SUPPORT ORDERS ENTERED 1969-1970 135 

SUPPORT ORDERS ENTERED OR MODIFIED 5 

INTERIM ORDERS RE CONTEMPT (URESA) 54 

MISCELLANEOUS ORDERS 8 

TOTAL 2uT 

AVERAGE ORDERS PER MONTH (URESA) 16.81 

SUPPORT ORDERS OBTAINED BY OTHER JURISDICTIONS. . 28 

AVERAGE ORDERS PER MONTH „ . . . . 2.33 

TOTAL ORDERS PREPARED AND ENTERED FOR OTHER JURISDICTIONS . . 202 

TOTAL ORDERS OTHER JURISDICTIONS SENT TO SAN FRANCISCO. ... 28 

INCREASE/DECREASE _pF_ORDERS COMPARED 1968 T 1969 _TO 1969-1970 

1968-1969 Orders Obtained by other Juris, for San Francisco ... 25 
1969-1970 Orders Obtained by other Juris, for San Francisco ... 28 

INCREASE. 3 

1968-1969 Orders Obtained by San Francisco for other Juris. . . .218 
1969-197C Orders Obtained by San Francisco for other Juris. . e . 202 

DECREASE "T5" 

* rk * "k * * * 

INTE RI M ORDERS UNDER 4702 CC 
56 
MODIFIED INTERIM ORDERS 
7 
CHANGES OF VENUE FROM SAN FRANCISCO 

18 
CHANGES OF VENU E TP_SANJFRMCISCQ 

13 

SUPERIOR COURT BAIL BOND FORFEI TURES 
During the past fiscal year there were 55 bail bond for- 
feitures ordered by the Superior Court, which resulted in the 
following determinations: 

. SUMMARY JUDGMENTS COLLECTED. AMOUNT 

55 .44 $127,325.00 

Three summary judgments were set aside on motions presented 

to the Superior Court. OQ 

— jy — 



MENTS 






ANNUAL REPORT TO MAYOR 






Submitted by 



JOHN JAY FERDON, DISTRICT ATTORNEY 



July 1, 1970 - June 30, 1971 



CONTENTS 

MUNICIPAL COURT DIVISION 1 

SUPERIOR COURT DIVISION 15 

OBSCENITY PROSECUTIONS 18 

BUSINESS INVESTIGATION SECTION 20 

GRAND JURY 23 

BUREAU OF INVESTIGATION 24 

Psychiatric Division ... 24 

Criminal Division 26 

Aid to Families with Dependent 

Children Division 27 

BUREAU OF FAMILY RELATIONS 30 

UNIFORM RECIPROCAL ENFORCEMENT OF 

SUPPORT DIVISION 34 



MUNICIPAL COURT 

Introduction 

The Municipal Court Division has the multiple responsibil- 
ities of initiating all felony prosecutions, processing felony 
cases in the Municipal Court, prosecuting all misdemeanor cases, 
supervising and assisting the Police Department in the prepara- 
tion of arrest and search warrants, and issuing District Attor- 
ney complaint citations prior to prosecution. Each of these 
functions will be treated in detail in the pages following. 

Initiating Felony Prosecutions 

Felony prosecutions in the Municipal Court are initiated 
either by the issuance of an arrest warrant on felony charges, 
or in the vast majority of felony cases, by issuing felony com- 
plaints following an evaluation of "no-warrant" felony arrests. 

"No-warrant" felony arrests are those arrests made by po- 
lice officers when they observe acts or obtain information 
which provide them with reasonable and probable cause to be- 
lieve that a felony has been committed. 

Following a "no-warrant" felony arrest, the case is fur- 
ther investigated by the Inspectors Bureau of the Police De- 
partment and then evaluated in conference by a representative 
of the Inspectors Bureau and an experienced senior Assistant 
District Attorney. 

To assure a just and proper disposition of these cases, 
the reviewing Assistant District Attorney must possess a 
thorough knowledge of the current Federal and State criminal 
and constitutional law. Both the Federal and State Appellate 



-1- 



Courts, especially in recent years, continually review and re- 
interpret the laws of arrest, search and seizure, confessions 
and admissions, criminal identification and other areas of 
criminal law, requiring continued time and effort by all pros- 
ecuting attorneys to remain abreast of these developments. 

After the evaluation of the M no-warrant M felony arrest, 
a decision is made to initiate a felony prosecution, initiate 
a prosecution on a less serious misdemeanor charge, or to dis- 
charge the arrested person. This decision must be made within 
two days following the initial arrest. 

In this fiscal year, the Complaint Division handled 18,308 
"no-warrant ;f felony cases. This was an increase of 163 cases 
over the 18,145 cases of the previous fiscal year. 

A felony prosecution was initiated in 42.6% of these cases, 
and a misdemeanor prosecution was initiated in 12.857o. In 
44.557o of the cases, the evidence, taking into account consti- 
tutional as well as factual limitations, was insufficient for 
prosecution and the defendants were discharged. 

The following table illustrates the types of offenses 
evaluated and the results of evaluation: 



-2- 



"NO-WARRANT" ARRESTS 1970-1971 



OFFENSE 



TOTAL 



REBOOKED 
FELONY AS OTHER MISDEMEANOR 
PROSECUTION OFFENSE PROSECUTION DISCHARGE 



Narcotics 


5,805 










11910 H&S 




502 





96 


794 


11500 H&S 




376 





8 


505 


11530 H&S 




1,031 





419 


861 


Other Narcotic 
Offenses 


860 





6 


347 


Murder 


64 


44 


2 


1 


17 


Weapons 


457 


147 


123 


17 


170 


Sex 


374 


231 


11 


1 


131 


Conspiracy 


571 


48 


23 


17 


483 


Driving 
Offenses 


134 


56 


33 


6 


39 


Gambling 


68 


54 


1 


3 


10 


Checks 


508 


257 


55 


10 


186 


Theft 


3,527 


974 


258 


100 


2,195 


Assault 


2,011 


702 


483 


179 


647 


Burglary 


1,731 


1,034 


215 


16 


466 


Robbery 


1,345 


742 


81 


1 


521 


Auto Theft 


1,100 


517 


65 


17 


501 


All Other 
Felonies 


613 


224 


88 


18 


283 



TOTALS 18,308 7,799 1,438 915 8,156 

The inability by victims of crimes to identify potential de- 
fendants or allegedly stolen property, and the unavailability of 
necessary witnesses were major factors resulting in the discharge 
of cases . 



-3- 



I ! 



; ; g , .'...,' '' 






Felony Cases in Municipal Courts 

Upon the filing of a felony complaint or the issuance of a 
felony arrest warrant and consequent arrest, the Municipal Court 
acquires jurisdiction over the case for the purpose of conducting 
a preliminary hearing before a Magistrate to determine whether 
there is reasonable and probable cause to require the defendant 
to stand trial on the charge in Superior Court. 

Five Municipal Court departments concurrently conducted 
preliminary hearings during the fiscal year. An Assistant Dist- 
rict Attorney was assigned to each department to prepare and 
present the necessary evidence and supporting legal authorities 
at these hearings. In four of these departments, the same As- 
sistant District Attorney also prepared and presented evidence 
and legal authorities in misdemeanor cases where trial was held 
by the Court without jury. The fifth department, in addition 
to preliminary hearings, handles all felony arraignments, felony 
bail settings, preliminary hearing assignments to the remaining 
four departments and fugitives from justice from other states. 
The work of this Court requires the assignment of a second 
Assistant District Attorney. 

During the fiscal year 1970-1971, 8,729 felony cases were 
filed in Municipal Court. 

During the preliminary hearing, the defense attorney may 
cross-examine prosecution witnesses and present evidence and 
legal authorities on behalf of the defendant which may require 
a reevaluation of the case by the Assistant District Attorney 
or a dismissal of the case by the Magistrate. Dismissals in 



-4- 



Municipal Court are routinely requested by the Assistant Dist- 
rict Attorney where the cases were presented to the Grand Jury 
prior to preliminary hearing. 

During the reported fiscal year, 42% of the felony cases 
which were filed were held for trial in Superior Court, 4.4% 
were indicted, 29.1% plead guilty to misdemeanor charges, 21.2% 
were discharged, and 3.30% are pending or were subject to other 
procedures, such as certification to Superior Court for deter- 
mination of the mental competency of the defendant to stand 
trial, or certification to Youth Guidance Authority where the 
defendant is under age, and the issuance of bench warrants for 
the arrest of defendants who did not appear. 

The following table illustrates the types of offenses in- 
volved and the dispositions made: 



-5- 



FELONY CASES IN MUNICIPAL COURT 1970-1971 



OFFENSE 


HELD 


REDUCED 


DISMISSED 


INDICTED 


PENDING 


OTHER 


TOTAL 


Narcotics 
















11500 H&S 


288 


17 


94 


19 


14 


4 


436 


11530 H&S 


235 


477 


221 


13 


7 


10 


963 


11910 H&S 


150 


202 


143 


2 


6 


2 


505 


Other Narcotic 
Offenses 500 


93 


139 


65 


38 


3 


838 


Murder 


31 


5 


20 


13 


1 





70 


Weapons 


77 


44 


50 


10 


2 


1 


184 


Sex 


199 


11 


56 


29 


14 





309 


Conspiracy 


23 


8 


16 


8 


11 





66 


Driving 
Offenses 


23 


32 


11 





1 





67 


Gamb ling 


16 


13 


9 


1 








39 


Checks 


79 


198 


56 


4 


16 


2 


355 


Theft 


327 


522 


242 


20 


26 


6 


1,143 


Assault 


389 


189 


255 


47 


24 


10 


914 


Burglary 


553 


341 


128 


12 


19 


20 


1,073 


Robbery 


486 


66 


226 


105 


7 


13 


903 


Auto Theft 


176 


215 


118 


7 


23 


5 


544 


All Other 
Felonies 


104 


108 


66 


29 


10 


3 


320 


TOTALS 


3,656 


2,541 


1,850 


384 


219 


79 


8,729 



Fugitives - 99 

Misdemeanor Cases 

During the fiscal year, the Departments of the Municipal Court 
assigned to hearing criminal and traffic matters handled the cases 



-6- 



of 114,143 persons accused of violations of such laws, exclu- 
sive of parking violations. The following charts and text will 
set forth the participation of the District Attorney's staff in 
the prosecution of these many matters . 

Persons arrested or cited in lieu of arrest for misdemeanors 
committed in San Francisco appear in one of the four general 
Departments of the Municipal Court where the disposition is 
determined by guilty plea, court trial, transfer to jury depart- 
ments, or dismissals. Felony arrests resulting in misdemeanor 
prosecutions are also subject to the exclusive jurisdiction of 
these Municipal Court Departments. Two special departments hear 
and determine all vehicle and traffic offenses except where a 
jury is demanded; and one traffic department handles related 
criminal offenses such as resisting arrest and disturbing the 
peace. Each of these six departments has an assigned Assistant 
District Attorney. 

Seven additional departments hold jury trials and hear re- 
lated matters; and misdemeanor jury matters are treated sepa- 
rately in this report. 

The four general Departments of the Municipal Court handled 
24,050 misdemeanor cases during the fiscal year 1970-1971. 

The following table illustrates the types of offenses and 
statutory sections involved in general and traffic departments: 



-7- 



Misdemeanor Dispositions 
Municipal Courts 9, 10, 11, 12, 14 (Partially) 



Not Guilty or Off 
Misdemeanors Guilt y Dismissed Calendar 



Nolo Total 



148 PC 


444 


558 


153 





1,155 


242 PC 


234 


378 


102 


3 


717 


270 


42 


9 








51 


415 


452 


513 


93 





1,058 


488 


1,494 


495 


411 


3 


2,403 


647b PC 


588 


150 


216 


3 


957 


647f 


1,164 


732 


99 


9 


2,004 


Narcotics 













11530 H&S(Misd.) 150 
11910 H&S " 57 

Other narcotics 582 
incl. 4143, 647f 
(drug), 4230 



63 
36 

438 



18 
o 

207 








231 
99 

1,227 



Vehicle 
















14601 
23102 
20002 
22350 


1 


48 
,398 

54 
66 




57 

48 

135 

279 


27 

123 

27 

39 




33 

6 




132 

1,602 

222 

384 


Other traffic 
misdemeanors 




939 


1 


,554 


459 


21 


2,973 


Weapons 




471 




462 


180 





1,113 


Gambling 




150 




144 


39 





333 


Lewd & Obscene 




174 




450 


126 


3 


753 


Other 
misdemeanors 


4 


,392 


1 


,659 


555 


30 


6,636 


Nolo 4 


12 


,899 
111 


8 


,160 


2,880 


111 


24,050 



13,010 



-8- 



Not Guilty Off. 
Guilty or Dismissed Calendar Nolo Total 

Jury Departments 

15, 17, 18 and 4 

Final Dispositions 

for year 4,352 L.J-60 31 6,016 

Jury Departments 17,362 9,420 2,911 111 30,066 

Probation revocation hearings 

held in Municipal Court 3,994 

34,060 

Non-parking (moving) traffice 

violations in which District 

Attorney prosecuted in court 

(exclusive of those tabulated 

above) 109,811 

143,871 

District Attorney prepared 

complaints in 647 f 

(intoxication cases 

exclusive of those above) 16,008 

Total misdemeanors handled 159,879 

Felonies handled 18,308 

Cases handled in Municipal Courts i 178,187 



-9- 



APPELLATE DIVISION 

The Appellate Division of the office deals with all 
appeals arising from misdemeanor convictions in the Municipal 
Court. Such appeals are taken to the Appellate Department of 
the Superior Court and may be filed either by the defendant 
or by the People in a proper case. The Appellate Division 
consists of one Assistant District Attorney who prepares and 
files motions, affidavits, briefs and various other pleadings 
relating to these appeals. This attorney makes regular appear- 
ances on Friday mornings at City Hall before the Appellate 
Department of the Superior Court for oral argument on such 
matters. 

The attorney assigned to appellate work also prepares 
pleadings and makes appearances in the Municipal Court in 
connection with demurrers and various pre-trial motions 
heard in Department No. 17, the Municipal Court Law and 
Motion Department. She prepares briefs in response to peti- 
tions in the Superior Court for various extraordinary writs 
and appears in the Law and Motion Department of the Superior 
Court for argument on such matters. She also appears in the 
United States District Court for the Northern District of 
California on extraordinary writs. 

During the period between July 1, 1970 and June 30, 1971, 
nineteen appeals were taken by the People. This was almost 



-10- 



twice as many as were taken for the same period the preceding 
year in which there were, again, twice as many as in the year 
before that. Seven of these were abandoned for various reasons. 
Of the remaining twelve, two judgments were affirmed, one was 
ruled to be non-appealable and the People won reversals on the 
other nine. 

During the same year period, a total of 106 appeals were 
filed by defendants with the following results: 



Dismissed on Motion of 
Affirmed Reversed Abandoned District Attorney or Court 

46 1 7 50 



Two cases involved late filing of appeals by defendants. 
In one case the petition to file late was denied. In the other 
the appeal was declared void. 

The figures for the 1970-1971 period indicate a decrease 
in the number of appeals filed by defendants from 166 to 106. 
There is, however, an increase in the number of defense appeals 
which are prosecuted beyond the mere filing stage, and which 
are briefed, argued and affirmed on appeal. There were 46 
Defense appeals completed in this way in 1971 as compared to 
29 in 1970. The number of appeals which the Defense failed to 
prosecute and which were dismissed for that reason was reduced 
from 115 in 1970 to 50 in 1971. The People almost doubled the 
number of appeals they took in 1971. The number of reversals 



-11- 



won on appeal increased from four in 1970, to nine in 1971. 

ARRESTS AND SEARCH WARRANTS 

Recent United States and California Supreme Court deci- 
sions have made the preparation and issuance of arrest and 
search warrants an increasingly important function of the 
District Attorney's Office. 

Strict search and seizure rules have necessitated the 
police -iepartment's obtaining search warrants in many more 
cases. 

Considerable investigation by the Assistant District 
Attorney issuing a warrant precedes the filing of the specific 
factual declarations which are now a required part of both 
types of warrants. 

In this fiscal year 1,950 arrest warrants and 238 search 
warrants were prepared and issued. 

MUNICIPAL COURT COMPLAINT HEARINGS 
An important function of the District Attorney's Office 
is the issuance of complaint notices (not to be confused with 
citations issued by the police department as an alternative to 
arrest. ) 

The party against whom a complaint has been made is mailed 
a notice directing his appearance in the District Attorney's 
Office at a specified time. At the time an informal hearing is 



-12- 



conducted with all parties present. 

Following the complaint hearing, a warrant of arrest may 
issue or, more commonly, the matter is settled in this office. 

In addition to complaints instigated by private citizens, 
many state and local agencies use the complaint citation pro- 
cess to secure compliance with the law. City and County agencies 
include: Tax Collector; Fire Department; Department of Public 
Health; Department of Electricity; Department of Public Works. 
State agencies include: Board of Equalization; Department of 
Industrial Relations; Department of Employment; Board of Medical 
Examiners; Department of Professional Standards; Department of 
Public Works; Board of Equalization. 

During the fiscal year 1,539 District Attorney complaint 
citations were issued. 

OTHER FUNCTIONS 

The Municipal Court Division has voluminous communication 
with the general public which does not result in litigation of 
a criminal nature. Many persons with civil and criminal prob- 
lems are referred to this office by the police department and 
by other public and private agencies. Every effort is made to 
direct the inquiring citizen to the proper agency if his case 
is not within the geographical or statutory jurisdiction of 
this office. 

Needless to say there are numerous incoming telephone calls; 
many of the problems presented require the legal opinion of an 

-13- 



Assistant District Attorney. 

RECAPITULATION-MUNICIPAL COURT RESPONSIBILITIES 
Each morning before court an Assistant District Attorney 
reviews all police reports of incidents occurring within the 
preceding 24 hours. Arrest and citation reports are separated 
and felony arrest reports are referred to the senior Assistant 
responsible for evaluation. Misdemeanor arrests and citations 
are reviewed for accuracy of charges and appropriate complaints 
in the case of arrests are prepared. Additional traffic and 
common drunk complaints are also prepared. 

Each Assistant District Attorney takes the misdemeanor 
complaints to his assigned court for filing. In court the 
defendants are arraigned and bail is set. Thereafter pleas 
are entered and jury is demanded or waived and court trials set 
for hearing. Court trials and felony preliminary hearings are 
then conducted. The two Assistant District Attorneys assigned 
to the felony arraignment court follow a similar procedure when 
felony complaints have been prepared after conference and evalu- 
ation with the representative of the Police Department Inspector's 
Bureau . 

One jury department sets trial dates for all matters re- 
ferred for jury trial and another jury department hears all 
matters relating to the legality of the arrest, legality of the 
search and seizure and applicability or constitutionality of the 
statutory violation charged. All jury departments conduct trials. 

-14- 



SUPERIOR COURT DIVISION 

Trial jurisdiction of all felony cases in the City and 
County of San Francisco, is with the Superior Court Criminal 
Division. The Superior Court Master Calendar at the Hall of 
Justice handles arraignments, pleas, and other pre-trial 
proceedings of each case. Three attorneys are assigned to the 
preparation and calling of this calendar, before the case is 
assigned to another Superior Court for trial. Three trial 
courts sit at the Hall of Justice on a regular basis and four 
additional Superior Courts are used for felony trials at the 
City Hall. Because of the tremendous backlog of custody cases, 
assignments of criminal cases to the City Hall for trial 
continued to increase during the fiscal year 1970-1971. We are 
now averaging four criminal trials a week at the City Hall in 
addition to three at the Hall of Justice. 

The Criminal Division case filings of the Superior Court 
consist not only of criminal cases for trial but also certifi- 
cations from the Municipal Court for determination of sanity of 
a defendant, petitions for writs of habeas corpus, petitions for 
commitment of defendants as mentally disordered sex offenders, 
petitions to determine whether or not a defendant is addicted to 
the use of narcotics, and motions to revoke or modify probation. 
The Superior Court trial attorneys handle these matters in 
addition to their trial assignments in the various courts. 

During the fiscal year July 1, 1970 to June 30, 1971, there 
were 3,230 case filings in the Superior Court Division, consisting 
of both informations of the District Attorney and indictments by 
the Grand Jury. There were 4,019 individual defendants involved 

-15- 



in these filings the disparity resulting, of course, from the 
numerous cases involving more than one defendant. This shows an 
increase over the year 1969-70 of 399 cases and 663 defendants. 

Not only were there a greater number of filings and persons 
charged during the last fiscal period but the increase in the 
number of demands in custody for trial within the statutory 
period of 60 days continued through the year. This required the 
judge of the Master Calendar to request the additional Superior 
Courts at the City Hall to give preference to the trial of 
criminal cases over civil matters. This office assumed the 
heavier trial burden without sufficient personnel. Lawyers 
assigned to warrant interviews were placed into trial work to 
cover the deficiency and have not been replaced to their former 
assignments. 

Trial calendars have continued to grow but the increase in 
the number of courts trying criminal cases did enable this office 
to reduce the number of pending cases by approximately 200 
despite the large number of new case filings. During the fiscal 
period there were 172 criminal jury trials in Superior Court. 
Of these there were 124 convictions, 29 acquittals and 19 
disagreements resulting in hung juries. Since nearly all such 
mistrials subsequently result in conviction by retrial or a plea 
of guilty this means that acquittals amounted to 16% of all 
trials and approximately 84% resulted in convictions or pleas of 
guilty before retrials. 

These figures do not include or in any way reflect the 
numerous cases which are prepared for trial and a jury selected 
at which time the defendant withdraws his plea of not guilty and 



-16- 



enters a plea of guilty. Many hours of preparation are spent 
before these dispositions because it is impossible to know ahead 
of time whether or not there will be a trial. 

The complexity of legal defenses available by court decisions 
continues to increase the average length of time required to be 
spent in the prosecution of each felony case. Pre-trial motions 
for discovery and suppression of evidence have continued to 
increase. Written briefs, memoranda and criminal records required 
to these matters have multiplied as a natural result of this 
increase, placing a greater burden on the secretarial staff as 
well. 

There are 19 lawyers presently assigned to the regular trial 
of felony cases in the Superior Court Divisions and the handling 
of the Master Calendar. Four of these lawyers administer trial 
assignments to the various criminal courts at the Hall of 
Justice and the City Hall in addition to daily trial work of 
their own. 



-17- 



OBSCENITY PROSECUTIONS 



During 1970 the District Attorney prosecuted numerous 
obscenity cases in the Municipal Court. Two deputies were 
involved in these trials but due to the heavy burden of proof 
required and the vague instructions given to the jury no 
convictions were obtained. During this time Federal Court 
restrictions on seizing obscene matter were still in effect, thus 
cutting down the number of successful investigations. 

During the first half of 1971 the District Attorney's 
Office was successful in four out of five prosecutions against 
exhibition -of obscene motion pictures. The United States 
Supreme Court also set aside the restrictions on seizures which 
had severely hampered the gathering of vital evidence for trial. 
This office also began successful abatement proceedings against 
establishments where lewd live conduct had been taking place. 
A notorious promoter of obscene public performances was brought 
to trial and sentenced to State Prison. 

Defendants arrested for obscene exhibitions and obscene 
motion pictures still take advantage of opportunities to delay 
and impede actual trial. Defendants who have been convicted 
must, by law, be granted bail pending appeal and while their 
appeals are still pending before the appellate department of the 
Superior Court. 

This office has been involved in litigation regarding the 
new police permit procedure which requires operators of motion 
pictures theaters to obtain permits from the police. The 
Police Department has denied various of these applications and 
the Board of Permit Appeals has sustained the Police Department. 



-18- 



The District Attorney has assisted the City Attorney in defending 
the Board of Permit Appeals and the Police Department before the 
Superior Court. At this time no final ruling on the permit 
ordinance has been obtained. 

Despite the California Supreme Court's approval of the 
current search and seizure methods of the Police Department in 
this area the District Attorney must defend numerous motions to 
suppress evidence and quash search warrants in obscenity cases. 
The preparation and defense of these motions requires approxi- 
mately one to two full court days of an attorney's time per week. 
The District Attorney also reviews the investigations conducted 
by the police and advises on methods and focus of future 
obscenity investigations. 



-19- 



BUSINESS I NVESTIGATIO N SECTION 

During the past fiscal year this Section investigated 
and prosecuted the following types of offenses: Embezzle- 
ments, Thefts by False Pretenses, Corporation Security 
Violations, Forgeries, Credit Card Violations and other 
related criminal activities. 

Investigations are initiated by complaints from citizens 
and from Federal, State and City and County agencies. The 
first step in investigation is an interview with the complain- 
ant or with an investigator from a governmental agency. This 
is followed by securing of further evidence, if needed, and 
interviews with all persons who may be witnesses. A warrant 
is issued if it is determined there are sufficient grounds 
for a criminal charge. 

In some cases, however, a hearing is held at the office 
of the District Attorney, at which time all interested parties 
are invited to appear. 

If no further investigation is required, a warrant may 
issue or the matter may be dismissed, depending upon the 
disclosed circumstances. This procedure of investigation and 
hearing may take from one day to many months, depending upon 
the intricacies of the case. 

Following arrest for a felony, the defendant is held to 
answer for trial either through a preliminary hearing or by 



-20- 



indictment. 

Below are the resumes of some of the more important 
cases of the past year: 
People vs. Perez 

This case involved an employee of the State of Calif- 
ornia who authorized payments totalling $25,000 to fictitious 
persons which he deposited into his own bank account. The 
defendant was sentenced to State Prison after his plea of 
guilty to theft. 
People vs. Hillman 

The defendant, while employed at a stock brokerage 
company as a cashier, stole six Treasury Bills totalling 
$190,000. After her plea of guilty to the charge of theft, 
she was sentenced to State Prison. 
People vs. Manning 

This case involved an accountant for a steamship 
company who stole $11,000 by falsifying the accounts re- 
ceivable records and bank deposits. The defendant was 
arrested after being a fugitive for five years, during which 
time he committed other crimes, using various fictitious 
names. After a plea of guilty, he was sentenced to State 
Prison. 
People vs. Richardson 

The defendant was a travel promoter who collected over 



821- 



$70,000 from numerous people for fictitious charter flights. 
After the defendant's plea of guilty to charges of theft and 
his returning $69,000, he was sentenced to one year in the 
county jail and was then to be deported. 
People vs. Mann 

This case involved the theft of approximately $150,000 
by a legal secretary who forged her employers ' names to checks 
over a six-year period. The defendant pled guilty and is 
presently awaiting sentence. 

In addition to criminal prosecution, this Section has 
continued to obtain injunctive relief in cases involving 
false advertising and unlawful business practices. The pros- 
ecution of these matters initially requires the securing of 
a temporary restraining order, followed by the obtaining of 
a preliminary injunction and ultimately a permanent injunc- 
tion. These actions can result not only in stopping illegal 
business practices, but in the county's receiving up to 
$2,500 for each violation. 

During the past year this Section has continued to be 
involved in securing more effective protection for the con- 
sumer. This has included, in addition to obtaining injunctive 
relief, participation in various governmental committees whose 
purpose is not only combatting fraudulent business practices, 
but also instituting educational programs for the consumer. 



-22- 



GRAND JURY 

One important function of the District Attorney is to 
act as legal advisor to the Grand Jury in all criminal matters. 
He is responsible for the presentation of evidence in felony 
cases where an indictment is sought. Witnesses are called 
and cases are presented each Monday evening. When indictments 
are voted they are formally presented to the Presiding Judge 
of the Superior Court on the following Thursday morning. 

During the fiscal year 478 witnesses were called to 
testify before the Grand Jury. A total of 113 indictments 
were returned involving 224 defendants, with a total of 
338 charges. 



-23- 



BUREAU OF INVESTIGATION 

This bureau of ten, headed by the Chief Investigator, 
has one Psychiatric Investigator, five investigators assigned 
to the Criminal Division, and four in the division handling 
Aid to Families with Dependent Children. 
Psychiatric Division 

The primary functions of the Psychiatric Division 
are as follows : 

(1) To represent the City and County of San Francisco 
as designated in Section 5114 of the Welfare and Institutions 
Code. 

(2) Investigation of alleged mentally disordered and 
intemperate persons, as well as those addicted to narcotics 
and habit forming drugs; when appropriate taking action under 
the Penal or Welfare and Institutions Codes. 

(3) To interview and advise persons requesting infor- 
mation on psychiatric facilities and legal procedures relating 
to the problems of mental illness, alcoholism, and drug 
addiction. 

Section 5114 of the California Welfare and Institutions 
Code specifically assigns the responsibility of presenting 
the Peoples case at any judicial proceeding under that code 
to the District Attorney. Two members of the legal staff 
have been assigned on a parttime basis to these duties which 
include Jury Trials demanded by alleged mentally ill. Two 
of these trials were demanded during the past fiscal year, 
the first took three days and resulted in a verdict of mental 
illness, the second was dismissed on motion of the District Attorney 



-24- 



Court appearance by the District Attorney at Writs of 
Habaes Corpus hearings demanded by the alleged mentally ill 
is also mandatory under Section 5114. During the fiscal year 
1970-1971, sixteen hearings were held on Writs of Habaes 
Corpus 1 , four were granted, twelve denied. 

Complaints concerning mental illness or deficiency, 
alcoholism and drug and narcotic addiction are investigated 
by a psychologist employed by this office and regularly 
assigned to all such cases. Whenever advisable a member of 
the legal staff is also assigned. Where reasonable and 
probable cause exists and where no relatives or other 
interested parties are located or willing to assume re- 
sponsibility this office takes appropriate action under either 
4ie Penal or Welfare and Institutions Code. 

During the fiscal year ending June 30, 1971, the 
Psychopathic Division was directly concerned with 289 invest- 
igations. 

Mental Illness 159 

Narcotics & Drugs 114 

Intemperance 16 

In addition, the Psychopathic Division conducted 
numerous investigations during the fiscal year which re- 
sulted in the locating of relatives or other interested persons 
who were willing and able to assume responsibility for the 
patient and arrange private hospitalization or psychiatric 
care without the necessity of court proceedings. Many other 
complaints were found, upon investigation, to be without 
merit, and legal action was unnecessary. 

-25- 



/ .** i *\ v>f»?f . ■ .- 






Crimina l Division - Investigators 

The Criminal Investigators assist the legal staff in 
preparation of cases for court by securing evidence, interviewing 
witnesses, obtaining offense reports and criminal records of the 
accused, and serving subpoenas for the attendance of witnesses 
for trials in the Superior and Municipal Courts. One Criminal 
Investigator is assigned to the Business Investigation Section 
to assist the Assistant District Attorney in conducting 
investigations . 

Other duties are the service of all Uniform Reciprocal 
Support Orders and the conducting of various inquiries re- 
quested by the legal staff. 

Section 4852,01 of the California Penal Code provides 
for the granting of Certificates of Rehabilitation and Pardon by 
the Governor. An investigation of each applicant is conducted 
by the District Attorney to determine eligibility. Such 
investigative reports, in affidavit form, are subsequently 
presented to the Superior Court for its determination. 

Following is a brief summary of the major activities of 

the Criminal Division of the Bureau of Investigation for the 

fiscal year 1970 - 1971: 

Reports and criminal records 

obtained 8 , 119 

Subpoenas served 113 

Interviews held 127 

Reciprocal Support Orders served 50 

Certificates of Rehabilitation 

processed 16 

Direct assistance in preparation 

of criminal cases for trial 276 

Investigation of applicants as 

bail solicitors or bail bondsman 21 

Inquiries into demands made pursuant 

to Section 1381 Penal Code 221 

-26- 



Aid to Families with Dependent Children Division 

Since the enactment of Section 1552.4 (now Section 11475) 
of the Welfare and Institutions Code in 1951, the Department 
of Social Services and the Youth Guidance Center have referred 
45,186 new cases to the District Attorney for investigation. 

This office does not determine the eligibility of 
applicants for aid; such determination is made exclusively 
by the Department of Social Services. The principal functions 
of the AFDC investigators are: 

1. Finding the absent parents to enforce legal 
support obligations. 

2. Instituting proper criminal action against 
those who have fraudulently received aid. 

During the fiscal year 1970 - 1971 

2,312 New AFDC cases referred. 

551 Inactive cases reopened. 

2,390 Active cases held over from last year. 

5,253 Total active case load. 

2,608 Cases closed 

2,645 Active cases as of July 1, 1971. 

Approximately 4,890 interviews were held regarding the 

above cases. 

The following were the reasons for closing 2,608 cases: 

The impossibility of establishing paternity. 

Uniform Reciprocal Support Action by this 
office, whereby an order was obtained for 
support from a responsible parent residing 
outside of California 

Convictions under Section 270 of the Penal 
Code, resulting in sentences of probation 
or incarceration. 

The complainant left this jurisdiction. 

The defendant was located by this office 
and a support agreement reached for payment 
either to the recipient or the Department of 
Social Services. 

-27- 



The Adult Probation Department took over 
supervision of the absent parent on voluntary 
probation (Section 580 (d) of the Welfare and 
Institutions Code) or per Section 4702 of the 
Civil Code. 

It is estimated that the AFDC investigators effected 
savings to the taxpayers in the amount of $514,084. 

Paternity 

The increase in illegitimacy is a contributing factor to 

the increase of welfare disbursements. Establishing paternity 

of these children is difficult, but AFDC investigators endeavor 

to have the natural fathers voluntarily acknowledge paternity 

through written statements, and then arrange support payments 

commensurate with the individuals ' incomes . During this 

fiscal year, 161 such statements were obtained by the 

investigators . 

Investigations 
for Other Jurisdictions 

Another duty of the AFDC investigators is locating and 
interviewing absent parents, verifying wages, securing voluntary 
paternity acknowledgments and other data for other jurisdictions. 
Approximately 391 such requests were received and processed 
during this year. 

Welfare Fraud 

Fraud is the general term applied to those cases in which 
there are reasonable grounds to believe that a welfare recipient 
has received aid as a result of willfully and knowlingly 
making false statements or failing to disclose a material 
fact, in order to obtain such aid. 

Such cases are either initially detected and investigated 
by the AFDC investigators of this office or are referred to 



-28- 



this office for additional investigation and analysis by the 
Department of Social Services. 

The 1969 State Supreme Court ruling in People vs . Gilber t 
holds that where a person has fraudulently obtained unauthorized 
assistance from the Aid to Families with Dependent Children 
program, prosecution must be conducted under Section 11482 
Welfare 6c Institutions Code (Fraudulent representation or 
nondisclosure as to aid), a misdemeanor. The court held that 
prosecution under Section 487 Penal Code (Grand Theft) , a 
felony was improper. This office was obliged to cancel all 
of the outstanding felony warrants falling within this category, 
thus reducing the number of outstanding warrants to 14. 

In November, 1970 Section 11483 of the Welfare and 
Institutions Code was amended. When the amount of aid obtained 
fraudulently exceeds $200, a felony can be charged. 

During the months of May and June 1971, the Department 
of Social Services made 106 new fraud referrals to the 
District Attorney; 50 warrants were issued. 



-29- 



BUREAU OF FAMILY RE LATIONS 

This bureau investigates all complaints of a purported 
criminal nature arising within a family or quasi-family 
situation. 

Four staff members investigate these complaints, which 
include: failure to provide for minor children; failure 
to provide for indigent wives; battery; assault; wife beating 
disturbing the peace; threats to do bodily harm; malicious 
mischief; mental illness; alcoholism; establishment of 
paternity upon the complaints of unwed mothers; denial of 
visiting rights to a parent where custody of child or children 
is under court order; various other types of domestic difficulties. 
Cases of mental illness or alcoholism are referred for in- 
vestigation to San Francisco General Hospital, Psychopathic 
Division. 

Effective July 1, 1970, Section 653 (m) of the California 
Penal Code (making annoying telephone communications) was 
added to the list of complaints. Many complainants have 
stated that as a result of such telephone calls to their 
place of employment, they have been discharged by their 
employer. 

Although not listed in a classification per se, there has 
been a noticeable increase of complaints on the use of 
narcotics within a family or quasi-family situation. Re- 
ferrals are made to agencies offering assistance with the 
problem of drug abuse. In many instances complaints are 
brought directly to the Narcotics Detail when information 
given to an investigator may be of significant interest to 
the Narcotics Bureau. 

-30- 



Included under miscellaneous were 42 referrals from the 
Department of Social Services that were processed for Medical 
Need Only Therapeutic Abortions. 

All alternative actions to solution of these domestic 
difficulties are examined prior to the issuance of any warrant. 
District Attorney Complaint notices are issued and hearings 
held to determine whether the alleged crime has been committed. 
The limits of the law are defined to both the complainant 
and respondent. The necessity for issuance of a criminal 
warrant is eliminated in most cases to the satisfaction 
of all concerned, thus settling the dispute , saving court 
costs and not adding to crowded court calendars. Referrals 
may be made to the many community agencies offering counseling 
service to those needing particular assistance. 

This bureau invokes Section 270 of the California Penal 
Code (failure to provide for minor children, both legitimate 
and illegitimate) . Every effort is made to secure voluntary 
support. Although 1,170 complaints of non-support were 
made, only 47 warrants for arrest were issued. There were 
64 voluntary referrals made to the Adult Probation Department 
under Section 580(d) of the California Welfare and Institutions 
Code. The members of the staff were, in most cases, able 
to secure the cooperation of the fathers as a result of citation 
hearings . 

A great deal of time and effort was exerted in searching 
for defendants who did not reside in this jurisdiction or in 
California, through the many sources available to this office. 



-31- 



There is voluminous correspondence with the following agencies; 
California Bureau of Criminal Identification and Investigation; 
California Department of Employment; Armed Forces of the United 
States; unions; employers; District Attorneys in other 
jurisdictions . 

There are occasions when it may be necessary for the com- 
plainant to seek civil remedy for non- support of a minor child 
or children,, The complainant is then advised to seek the 
services of an attorney and to file a complaint under the 
Uniform Reciprocal Enforcement of Support Act. 

The Bureau of Family Relations processed the following 
complaints during the fiscal year: 

CLASSIFICATION CASES 

65 3 (m) Annoying Telephone Communications) 391 

270 Penal Code (Non-Support of Minor Children) 1,170 
270(a) Penal Code (Non-Support of Indigent Wife) 39 
242 Penal Code (Battery) 1,551 

415 Penal Code (Disturbing the Peace) 1,295 

594 Penal Code (Malicious Mischief) 330 

279 Penal Code (Denial of Visiting Rights) 144 

273(d) Penal Code (Felony Wife Beating) 13 

Mental Illness 167 

Unwed 160 

Drinking 701 

Domestic Difficulties 1,068 

Threats 598 

Miscellaneous 996 

TOTAL: 8,623 



-32- 



During the year 2,100 complaint notices were mailed; 






1630 hearings were held; and 2,200 referrals were made. 
Approximately 12,000 telephone inquiries regarding case 
status, specific complaints, and general information were 
handled by this bureau. 



-33- 



UNIFORM REC IPR OCAL ENFO RCEMENT OF SUPPORT DIVISION 

The case load and the number of attendant matters handled 
by this division has definitely increased during the present 
fiscal year. 

During this year changes in the Domestic Relations Depart- 
ment of the Superior Court have continued to handicap this office 
when there was no judge definitely assigned to handle the work 
of that court. Recently a Court Commissioner has been assigned 
to handle the calendar and there have been three different judges 
in as many weeks . 

A number of paternity cases have been filed and a portion 
of these will result in default judgments. A large number of 
cases remain to be processed at a time when sufficient staff is 
available. 

A steady increase has been noted in the number of referrals 
to this division for follow-up cases referred to the Adult 
Probation Department by the court. 

The statistical data for this year is as follows: 

UNIFORM RECIPROCAL SUPPORT CASES PROCESSED IN FISCAL YEAR 1970-1971 

Other Jurisdic- 
tions Initiated Total Average 
San Francisco Av.per San Francisco Av.per Cases All Cases 
Initiated Month Responded Month Processed per Month 

58 4.58 356 30 414 34.5 

CONTEMPT CITATIONS - URESA 

135 

The statistics for the Reciprocal Support Division with 

regard to support cases handled under the Uniform Reciprocal 

Enforcement of Support Act each month for the past five years 



-34- 






■ - ••. 

.i. 



averages out as follows: 

1966-1967 27.75 

1967-1968 27.42 

1968-1969 27.08 

1969-1970 29.91 

1970-1971 34.50 

DECREASE OR INCREASE OF NEW CASES 1970-1971 

San Francisco Initiated San Francisco Responded 

1969-1970 - New Cases ... 59 1969-1970 - New Cases ... 300 
1970-1971 - New Cases ... 58 1970-1971 - New Cases ... 356 



DECREASE ... 1 INCREASE ... 56 

SUPPORT ORDERS ENTERED 1970-1971 151 

SUPPORT ORDERS MODIFIED 12 

INTERIM ORDERS RE CONTEMPT (URESA) 86 

MISCELLANEOUS ORDERS 4 

TOTAL 253 

AVERAGE ORDERS PER MONTH (URESA) 21 

SUPPORT ORDERS OBTAINED BY OTHER JURISDICTIONS 31 

AVERAGE ORDERS PER MONTH FROM OTHER JURISDICTIONS 2.50 

TOTAL ORDERS PREPARED AND ENTERED FOR OTHER JURISDICTIONS. . 253 

TOTAL ORDERS OTHER JURISDICTIONS SENT TO SAN FRANCISCO ... 31 

INCREASE/DECREASE OF ORDERS COMPARED 1969-1970 TO 1970-1971 

1969-1970 Orders Obtained by 1969-1970 Orders Obtained by 

other Juris. for San Francisco - 28 S. F. for other Juris. . . 202 

1970-1971 Orders Obtained by 1970-1971 Orders Obtained by 

other Juris. for San Francisco - 31 S. F. for other Juris. . . 253 

INCREASE ... 3 INCREASE ..... 51 

CHANGES OF VENUE FROM SAN FRANCISCO TO OTHER JURISDICTIONS . . 9 

CHANGES OF VENUE FROM OTHER JURISDICTIONS TO SAN FRANCISCO . . 13 

TRANSFERS OF SUPPORT ORDERS TO OTHER JURISDICTIONS 

UNDER SECTION 1682 URESA 14 

The statistica regarding cases referred under Section 4702 

Civil Code, handled by this division for the Adult Probation 

Department, are as follows: 



-35- 



4702 CIVIL CODE 

Contempt Citations 

131 

INTERIM ORDERS ENTERED 68 

WAGE ASSIGNMENTS ENTERED 7 

MODIFIED SUPPORT ORDERS 14 

MISCELLANEOUS ORDERS 19 

MOTION AND ORDER TO WITHDRAW REFERRAL 
UNDER 4702 CC 179 

MOTION AND ORDER AMENDING 

SUPPORT ORDER 11 

TOTAL 298 

AVERAGE ORDERS PER MONTH UNDER 4702 CC . 24.83 

SUPERIOR COURT BAIL BOND FORFEITURES 

During the past fiscal year there were 84 bail bond 

forfeitures ordered by the Superior Court, which resulted in the 

following determinations : 

SUMMARY JUDGMENTS COLLECTED AMOUNT 

84 50 $76,565.00 

Five summary judgments were set aside on motions presented 

to the Superior Court. Summary judgments totaling $16,700.00 

against one bonding company remain unpaid due to the fact that the 

company is presently under a Liquidation Order granted by the 

Superior Court on August 18, 1971. We hope to obtain payment 

through claims filed with the Liquidator, Joseph D. Geeslin, Jr., 

Bankers Trust Building, Indianapolis, Indiana. 

We hold summary judgments against a second bonding company 

totaling $18,125.00, some of these being disputed in the court. 

Other disputed judgments totaling $70,000.00 are presently being 



-36- 



appealed after Motion to Vacate was denied by the court. The 
total amount of summary judgments on forfeited bail bonds which, 
so far, have not been adjudicated is $104,825.00 plus court 
costs. 



-37- 



ANNUAL REPORT TO MAYOR 



DOCUMENTS 

OCT 4 1972 



SAN FRANCISCO 
PUBLIC LIBRARY 



Submitted by 



JOHN JAY FERDON, DISTRICT ATTORNEY 



July 1, 1971 - June 30, 1972 



CONTENTS 

MUNICIPAL COURT DIVISION 1 

SUPERIOR COURT DIVISION 18 

OBSCENITY PROSECUTIONS 21 

VICE CONTROL 23 

BUSINESS INVESTIGATION SECTION 25 

GRAND JURY 28 

BUREAU OF INVESTIGATION 29 

Psychiatric Division 29 

Criminal Division 31 

Aid to Families With Dependent 

Children Division 32 

BUREAU OF FAMILY RELATIONS 36 

UNIFORM RECIPROCAL ENFORCEMENT OF 40 

SUPPORT DIVISION 



MUNICIPAL COURT 

Introduction 

The Municipal Court Division has the multiple responsibil- 
ities of initiating all felony prosecutions, processing felony 
cases in the Municipal Court, prosecuting motions to revoke pro- 
bation, prosecuting all misdemeanor cases, supervising and assist' 
ing the Police Department in the preparation of arrest and search 
warrants, issuing District Attorney complaint citations, and hold- 
ing complaint citation hearings prior to prosecution. These var- 
ious functions will be treated in detail in the pages following. 
Initiating Felony Prosecutions 

Felony prosecutions in the Municipal Court are initiated 
either by issuance of an arrest warrant or, in the vast majority 
of cases, by issuing complaints following an evaluation of "no- 
warrant" felony arrests. 

"No-warrant" felony arrests are those arrests made by police 
officers when they observe acts or obtain information which pro- 
vide them with reasonable and probable cause to believe that a 
felony has been committed. 

Following a "no-warrant" felony arrest, the case is investi- 
gated by the Inspectors Bureau of the Police Department and then 
evaluated in conference by a representative of the Inspectors 
Bureau and an experienced senior Assistant District Attorney. 

To assure a just and proper disposition of these cases, the 
reviewing Assistant District Attorney must possess a thorough 
knowledge of the current Federal and State criminal and constitu- 
tional law. Both the Federal and State Appellate Courts, expe- 
cially in recent years, continually review and reinterpret the 



-1- 



laws of arrest, search and seizure, confessions and admissions, 
criminal identification and other areas of criminal law, requiring 
continued time and effort by all prosecuting attorneys to remain 
abreast of these developments. 

After the evaluation of the "no-warrant" felony arrest, a de- 
cision is made to initiate a felony prosecution, initiate a prose- 
cution on a less serious misdemeanor charge, or to discharge the 
arrested person. This decision must be made within two days fol- 
lowing the initial arrest. In this fiscal year, the Municipal 
Court Division handled 16,596 "no-warrant" felony arrest charges. 
This was a decrease of 1,712 charges over the 18,308 cases of the 
previous fiscal year. 

A total of 49.737* or 8,253 charges resulted in felony prose- 
cutions. This figure includes 7,986 charges which were the same 
charges for which the defendants were arrested, and 267 felony 
charges which differed from those originally placed against de- 
fendants by the arresting officers. In addition, 9.697<> or 1,609 
charges were reduced to misdemeanor charges and prosecuted in the 
general courts. Thus a total of 9,862 charges, or 59.42% of all 
charges brought resulted in prosecution. In 40.58% of the cases, 
the evidence, taking into account constitutional as well as factual 
limitations, was insufficient for prosecution and the defendants 
were discharged. 

In the fiscal year 1970-1971, 55.45% of all felony arrests 
resulted in prosecution (felony and misdemeanor) whereas in the 
1971-1972 fiscal year, 59.42% of all felony arrests resulted in 
prosecution. 

The following table illustrates the types of offenses evalu- 
ated and the results of evaluation of the fiscal year 1971-1972. 



-2- 



NO-WARRANT FELONY ARREST CHARGES 
July 1971 - June 1972 



OFFENSE 



FELONY REBOOKED MISD# 

PROSEC. DISCHARGED ^^j^p 11 PROSEC. TOTAL 



DRUGS: 














Opiate 


1,049 


644 


25 


' 18 


1 


,736 


Marijuana 


1,374 


683 


11 


296 


2 


,364 


Dangerous Drugs 


676 


695 


11 


71 


1 


,453 


Other Drug Offenses 


229 


149 


1 


4 




383 


HOMICIDE 


46 


14 


2 


- 




62 


VEHICULAR MANSLAUGHTER 


5 


- 


- 


2 




7 


DRIVING OFFENSES 


73 


20 


1 


31 




125 


DEADLY WEAPONS 


200 


133 


5 


85 




423 


OTHER SEX OFFENSES 


191 


46 


5 


5 




247 


CONSPIRACY 


79 


331 


15 


53 




478 


RAPE 


110 


76 


2 


*• 




188 


BOOKMAKING 


86 


2 


- 


1 




89 


CHECK & FORGERY 


313 


129 


12 


10 




464 


THEFT 


401 


196 


10 


58 




665 


AUTO THEFT 


416 


353 


11 


58 




838 


ASSAULT 


684 


586 


21 


586 


1 


,877 


BURGLARY 


857 


307 


43 


118 


1 


,325 


RECEIVING STOLEN PROPERTY 410 


1,600 


60 


119 


2 


,189 


ROBBERY 


546 


482 


22 


21 


1 


,071 


OTHER FELONIES 


241 


288 


10 


73 




612 



TOTAL: 



7,986 6,734 



267 



1,609 16,596 



48.12% 40.58% 



1.61% 9.69% 



100% 



The inability by victims of crimes to identify potential de- 
fendants or allegedly stolen property, and the unavailability of 
necessary witnesses were major factors resulting in the discharge 
of cases. 

Felony Cases in Municipal Courts 

Upon the filing of a felony complaint or the issuance of a 
felony arrest warrant and consequent arrest, the Municipal Court 
acquires jurisdiction over the case for the purpose of conducting 
a preliminary hearing before a Magistrate to determine whether 
there is reasonable and probable cause to require the defendant to 
stand trial on the charge in Superior Court. 

Five Municipal Court departments concurrently conducted pre- 
liminary hearings during the fiscal year. An Assistant District 
Attorney was assigned to each department to prepare and present 
the necessary evidence and supporting legal authorities at these 
hearings. The same Assistant District Attorney also prepared and 
presented evidence and legal authorities in misdemeanor cases where 
trial was held by the Court without jury. A sixth department was 
inaugurated on January 2, 1972, to handle all felony arraignments, 
felony bail settings, preliminary hearing assignments to the five 
previously mentioned departments, fugitives from justice from 
other states and negotiating dispositions of felony cases without 
further prosecution. The work of this Court requires the assign- 
ment of a second Assistant District Attorney. A total of 8,123 
defendants received preliminary hearings in the general courts. 

During the fiscal year 1971-1972, 7,692 felony cases were 
filed in the Municipal Court. 

During the preliminary hearing, the defense attorney may 
cross-examine prosecution witnesses and present evidence and legal 

-4- 



authorities on behalf of the defendant which may require a re- 
evaluation of the case by the Assistant District Attorney or a 
dismissal of the case by the Magistrate. Dismissals in Municipal 
Court are routinely requested by the Assistant District Attorney 
where the cases were presented to the Grand Jury prior to prelim- 
inary hearing. 

During the reported fiscal year, 40.59% of the felony cases 
which were filed were held for trial in Superior Court, 1.7% were 
indicted, 33.12% plead guilty to misdemeanor charges, 23.09% were 
discharged, and 1.50% were subject to other procedures, such as 
certification to Superior Court for determination of the mental 
competency of the defendant to stand trial, or certification to 
Youth Guidance Authority where the defendant is under age, and the 
issuance of bench warrants for the arrest of defendants who did not 
appear. A large per cent of those felony charges which were dis- 
missed represent dismissals for a plea of guilty to another charge 

The felony arraignment court handled 2,898 cases* during its 
first six months of operation which began in the first week of 
January of 1972. Out of the total, 2,087 cases were transferred 
to the other general courts for further prosecution or disposition 
and 811 cases, representing 27.98% of the total were disposed of 
by plea bargaining in the felony arraignment court. 

The following table illustrates the types of offenses in- 
volved and the dispositions made: 



*A case is distinguished from a charge in that the former includes 
all of the individual charges placed against one or more defend- 
ants because of alleged criminal activity arising out of the same 
inc ident . 

-5- 



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Misdemeanor Cases 

During the fiscal year, the departments of the Municipal 
Court assigned to hear the criminal and traffic matters handled 
163,881 charges based on violations of such laws, exclusive of 
parking violations. The following charts and text will set forth 
the participation of the District Attorney's staff in the prosecu- 
tion of these many matters. 

Persons arrested or cited in lieu of arrest for misdemeanors 
committed in San Francisco appear in one of the five general de- 
partments of the Municipal Court where the disposition is deter- 
mined by guilty plea, court trial, transfer to jury departments, 
or dismissals. Felony arrests resulting in misdemeanor prosecu- 
tions are also subject to the exclusive jurisdiction of these 
Municipal Court Departments. Two special departments hear and 
determine all vehicle and traffic offenses except where a jury is 
demanded; and one traffic department handles related criminal of- 
fenses, such as resisting arrest and disturbing the peace. Each 
of these seven departments has an assigned Assistant District At- 
torney . 

Additional departments hold jury trials and hear related 
matters. These misdemeanor jury matters are treated separately 
in this report. 

The five general departments of the Municipal Court handled 
19,441 misdemeanor cases during the fiscal year 1971-1972. Over 
one half of all misdemeanor charges resulted in convictions. Al- 
though many charges were dismissed, 3,102 charges were dismissed 
because the defendant pled guilty or was found guilty of another 
misdemeanor offense. Most of the remaining 3,530 dismissals were 



-7- 



due to failure of the victim to identify the defendants or to re- 
spond to court when directed, inability of a victim to identify 
property, and reevaluation of the charges by the District Attorney 
assigned to the case based upon further investigation or informa- 
tion. 

A total of 1,994 charges were not prosecuted because the de- 
fendants failed to appear or the defendants were minors . In 
these cases, Bench Warrants (BW) were issued or the charges were 
transferred to Youth Guidance Center for proceedings against the 
minors. Prosecution was terminated or delayed in 459 other 
charges. This resulted because of the possibility of drug prob- 
lems or mental instability which required evaluation by experts, 
and because many misdemeanors occurred at the same time as a 
felony charge for which the defendant was being prosecuted. In 
such cas'es, the misdemeanor trails or follows the felony while the 
latter charge is prosecuted. 

The following table illustrates the types of offenses and 
statutory sections involved in the general and traffic departments 
of the Municipal Courts: 



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In the Municipal Court, the District Attorney's Office handled 
a total of 180,477 charges and cases during the fiscal year 1971- 
1972. The table below illustrates the breakdown of the total. 



TOTAL CASES HANDLED IN MUNICIPAL COURT 



Guilty 



2,847 



Jury Depts. 15,17,18,4 
Final disposition of 
cases for fiscal year 

Misdemeanor charges 
prosecuted in the 
general courts 

Non- parking (moving) 
traffic violations in 
which D.A. prosecuted 
in court (exclusive of 
those tabulated above) 

Probation revocation 
hearings 

Preparation of 647f 
complaints by D.A.'s 
office 



Total misdemeanors handled 



Not Guilty 

or 
Dismissed 



2,834 



Off 
Calendar 



80 



Total 



5,763 



19,441 



121,712 
4,754 

12,211 
163,881 



Felony arrest charges 



Total cases handled in the Municipal Court 



16,596 
130,477 



-10- 



MISDEMEANOR JURY DEPARTMENT 

The Misdemeanor Jury Department was staffed by five 
attorneys during the fiscal year 1971-1972. On each trial 
date three attorneys were available and prepared for trial. 
The remaining two attorneys staffed the Misdemeanor Master 
Calendar Court. These two attorneys were responsible for 
all matters appearing on the Master Calendar as well as the 
preparation of each case for a pre-trial conference. 

During the fiscal year the Jury Department was respon- 
sible for closing 5,763 misdemeanor cases. A case, in the 
Jury Department, is defined as one defendant charged with 
one or more crimes arising out of a single incident. 

Pleas of guilty or nolo contendere were entered in 
2,847 cases; jury was waived and 234 cases were returned 
to the general criminal courts for settlement without a 
jury; 7 non-jury trials were conducted by the Jury Depart- 
ment resulting in 6 convictions and 1 acquittal; 18 cases 
were submitted to the Court on the facts of the police re- 
port resulting in 11 convictions and 7 acquittals; 65 defend- 
ants were charged with minor traffic violations and agreed 
to attend Traffic School after which these cases were dis- 
missed; 15 cases were certified to the Youth Guidance Center 
because the defendant was under the age of eighteen. 

The Jury Department presented 265 cases to San Francisco 
juries with the following results: 129 convictions; 71 
acquittals and 65 disagreements. 27 of the latter cases 
were successfully resolved by pleas of guilty after the 
trial. 

-11- 



The following list illustrates the type and percentage 
of offenses which were presented to San Francisco Juries. 
Driving Under the Influence of Alcohol . . . 23.77, 

Breach of the Public Peace 17.8% 

Prostitution 16.67, 

Theft 13.5% 

Battery 10.5% 

Drugs 6.0% 

Weapons 3.07 o 

Sex 1.5% 

Minor Vehicle Offenses 1.5% 

Miscellaneous Offenses 5.97 

Of the 5,763 cases closed by the Jury Department during 
the fiscal year 1971-1972, 3,085 resulted in successful pro- 
secution either through an admission of guilt or a finding of 
guilt. 

At the close of the fiscal year there were 762 cases 
pending in the Jury Department. 



-12- 



APPELLATE DIVISION 

The Appellate Division of the office deals with all 
appeals arising from misdemeanor convictions, motions to 
suppress and demurrers in the Municipal Court. Such appeals 
are taken to the Appellate Department of the Superior Court 
and may be filed either by the defendant or by the People 
in a proper case. The Appellate Division consists of one 
Assistant District Attorney who prepares and files motions, 
affidavits, briefs and various other pleadings relating to 
these appeals. This attorney makes regular appearances on 
each Friday morning before the Appellate Department of the 
Superior Court for oral argument on such matters. 

The attorney assigned to appellate work also prepares 
pleadings and makes appearances in the Municipal Court in 
connection with demurrers and various pre-trial motions, 
of which there were approximately 360 this fiscal year, 
heard in Department No. 17, the Municipal Court Law and 
Motion Department. The attorney prepares briefs in response 
to petitions in the Superior Court for various extraordinary 
writs and appears in the Law and Motion Department of the 
Superior Court for argument on such matters. The attorney 
also appears in the United States District Court for the 
Northern District of California on extraordinary writs. 

During the period between July 1, 1971 and June 30, 
1972, seven appeals were taken by the People. This was less 
than half as many as were taken for the same period the pre- 
ceding year. Two of these were later abandoned. The People 
won reversals on the other five. 



-13- 



*i- 



on the other five. 

During the same year period, a total of 116 appeals were 

filed by defendants with the following results? 

Dismissed on liotion of 
Affirmed Reversed Abandoned District Attorney or Court 

35 11 6 64 

Of the reversals, 6 were minor traffic offenses, 1 was a 
major traffic offense, and the remaining 4 were reversed with the 
consent of the People on two occasions because of changes in the 
law pending appeal. 

The figures for the 1971-1972 period indicate an increase in 
the number of appeals filed by defendants from 106 to 116. There 
remained a large number of defense appeals which are prosecuted 
beyond the mere filing stage, and which are briefed, argued and 
affirmed on appeal. The number of appeals which the Defense 
failed to prosecute and which were dismissed for that reason was 
increased from 50 in 1971 to 64 in 1972. Due to unprecedented 
changes in Appellate case law, which involved decisions adverse 
to the People and which were written while appeals were pending, 
the People lost one contested case, conceded two, and abandoned 
an appeal of their own. 



14- 



ARRES TS AND SEARCH WARRANTS 

Recent United States and California Supreme Court de- 
cisions have made the preparation and issuance of arrest and 
search warrants an increasingly important function of the 
District Attorney's Office. 

Strict search and seizure rules have necessitated the 
police department's obtaining search warrants in many more 
cases. 

Considerable investigation by the Assistant District 
Attorney issuing a warrant precedes the filing of the specific 
factual declarations which are now a required part of both 
types of warrants. 

In this fiscal year 2,092 arrest warrants, an increase 
of 142 over the previous year were prepared and issued. The 
412 search warrants prepared represented an increase of 174 
search warrants issued in the previous fiscal year. 

MUNICIPAL COURT COMPLAINT HEARINGS 

An important function of the District Attorney's Office 
is the issuance of complaint notices (not to be confused with 
citations issued by the police department as an alternative 
to arrest) in cases involving neighbor disputes, barking dogs, 
disturbing the peace and similar problems. 

A notice is mailed to the party against whom a complaint 
has been made directing his appearance in the District Attorney's 
Office at a specified time. At that time a hearing is con- 
ducted by an Assistant District Attorney with all parties 
present. 



-15- 



Following the complaint hearing, a warrant of arrest 
may issue or, more commonly, the matter is settled in this 
office. 

In addition to complaints instigated by private citizens, 
many state and local agencies use the complaint citation pro- 
cess to secure compliance with the law. City and County agen- 
cies include: Tax Collector; Fire Department; Department of 
Public Health; Department of Electricity; Department of Public 
Works. State agencies include: Board of Equalization; Depart- 
ment of Industrial Relations; Department of Employment; Board 
of Medical Examiners; Department of Professional Standards; 
Department of Public Works; Board of Equalization. 

During the fiscal year 2,290 District Attorney complaint 
citations were issued. This figure represents an increase of 
751 hearings over fiscal year 1970-1971. 

OTHER FUNCTIONS 

The Municipal Court Division has voluminous communication 
with the general public which does not result in litigation of 
a criminal nature. Many persons with civil and criminal pro- 
blems are referred to this office by the police department and 
by other public and private agencies. Every effort is made to 
direct the inquiring citizen to the proper agency if his case 
is not within the geographical or statutory jurisdiction of 
this office. 

Needless to say there are numerous incoming telephone 
calls; many of the problems presented require the legal opinion 
of an Assistant District Attorney. 

-16- 



RECAPITULATION-MUNICIPAL COURT RESPONSIBILITIES 

Each morning before court an Assistant District Attorney 
reviews all police reports of incidents occurring within the 
preceding 24 hours. Arrest and citation reports are separated 
and felony arrest reports are referred to the senior Assistant 
responsible for evaluation. Misdemeanor arrests and citations 
are reviewed for accuracy of charges and appropriate complaints 
in the case of arrests are prepared. Additional traffic and 
common drunk complaints are also prepared. 

Each Assistant District Attorney takes the misdemeanor 
complaints to his assigned court for filing. In court the 
defendants are arraigned and bail is set. Thereafter pleas 
are entered and jury is demanded or waived and court trials 
set for hearing. Court trials and felony preliminary hear- 
ings are then conducted. The two Assistant District Attorneys 
assigned to the felony arraignment court follow a similar 
procedure when felony complaints have been prepared after 
conference and evaluation with the representative of the 
Police Department Inspector's Bureau. 

One jury department sets trial dates for all matters 
referred for jury trial and another jury department hears all 
matters relating to the legality of the arrest, legality of 
the search and seizure and applicability or constitutionality 
of the statutory violation charged. All jury departments con- 
duct trials. 



-17- 



S UPERIOR COURT DI VI SION 

The Superior Court Division of the District Attorney's 
Office has as its principal function the prosecution of all felony 
cases occurring in the City and County of San Francisco. It must 
represent the people in a Master Calendar Department and seven 
criminal trial departments of the Superior Court, four of which 
are at the City Hall. The District Attorney's Office has twenty- 
four attorneys whose regular assignment is to Superior Court 
matters. 

Superior Court criminal cases first appear for arraignment 
in the Master Calendar Department. A plea to the charge or 
charges is entered by the accused. Preliminary motions are 
normally made in this court to: (1) set aside the information or 
indictment; (2) suppress evidence; (3) sever cases for trial; 
(4) have an accused menially examined; and (5) consolidate cases 
for trial. In addition to the matters just mentioned, all cases 
are assigned for trial from the Master Calendar Department to the 
seven criminal trial courts. 

During the fiscal year 1971-72 the Master Calendar Division 
began with 693 cases awaiting trial involving 884 defendants. As 
a result of the additional trial courts available for trials, 
plea negotiations and pleas of guilty, these figures were reduced 
by July, 1972, to 353 cases awaiting trial involving 443 
individual defendants. 

Other proceedings which also take place in the Master 
Calendar Court are: hearings on certifications from Municipal 
Court for the determination of present sanity of an accused; 
hearings on petitions for writs of habeas corpus and writs of 



-18- 



mandate; hearings on petitions for commitment of defendants as 
mentally disordered sex offenders; hearings on petitions to 
determine whether or not a defendant is addicted to the use of 
narcotics; and hearings on motions to revoke or modify probation. 
All members of the District Attorney's staff in the Superior 
Court Division participate in these functions. 

Three Assistant District Attorneys are regularly assigned to 
the Master Calendar Department. Their duties embrace the evalua- 
tion of cases by review of the entire file; the negotiation of 
guilty-plea dispositions; preparation and presentation of the 
various pre-trial motions; trial assignments to the seven trial 
courts; and assignments regarding motions and the other proceedings 
described above. 

In addition to the preparation and trial of jury cases, the 
attorneys of the Superior Court Division evaluate, prepare written 
briefs and memoranda in support of, and present the People's 
position in these above mentioned proceedings. With the increas- 
ing complexity of the criminal law produced by neitf legislation 
and court decisions, more research and preparation are required 
of trial attorneys. 

During the fiscal year July 1, 1971 to June 30, 1972, there 
were 2,475 case filings in the Superior Court Division consisting 
of informations filed by the District Attorney and indictments 
returned by the Grand Jury. This amounts to approximately 48 
cases filed per x^eek. There were 3,103 individual defendants 
charged. The disparity occurring between the number of cases 
filed and the number of defendants actually charged is explained 
by the fact that many case filings include more than one defendant. 



-19- 



Of the cases reaching final disposition 2,779 defendants entered 
pleas of guilty. There x^ere 263 jury trials resulting in 163 
verdicts of conviction; 49 verdicts of acquittal; and 46 jury 
disagreements. Jury disagreements nearly always result in convic- 
tion on retrial of the case or by pleas of guilty. Thus, convic- 
tions occurred in 81% by jury verdicts of guilty or pleas of 
guilty before retrial, while acquittals occurred in 19% of the 
trials. 

For the first half of the year 1972 the statistics of the 
Superior Court Division show the following: 

On January 1st there were 563 felony cases awaiting trial 
involving 728 individual defendants. By the end of June the 
number of cases had been reduced to 353 with only 443 individual 
defendants. 

The filings of new cases averaged 200 a month. The six 

months break down as follows : 

January 192 cases 

February 177 

March 213 

April 214 

May 193 

June 201 

Totals 1190 cases 1449 defendants 

During this six month period 1,400 separate cases were 

disposed of: 137 by felony jury trials, 1,380 individual guilty 

pleas (some cases involving more than one defendant) and by other 

dispositions short of trial. There were 92 guilty verdicts, 23 

acquittals and 22 disagreements. Most of the latter resulted in 

subsequent conviction by guilty plea or retrial. 



229 


defendants 


214 


n 


255 


it 


262 


it 


255 


tt 


234 


ii 



-20- 



.•.•)',"• 



OBSCENITY PROSECUTIONS 

During the past fiscal year the most serious problem of 
obscenity in San Francisco were attempts to establish the 
performance of sexual conduct as entertainment in bars and 
theaters. However, these attempts were met by successful 
prosecutions prosecuted by this office under the Red Light 
Abatement Act. In conjunction with these abatement actions, 
investigations by the police department resulted in numerous 
arrests and prosecutions by this office which in turn suppressed 
this activity in San Francisco. 

At the same time four theater operators were brought to 
trial for the exhibition of obscene motion pictures. One trial 
resulted in a hung jury in favor of conviction, and in the 
other trials the defendants were acquitted. The outcome of 
these trials reflects the attempts of the exhibitors to show 
full length motion pictures containing sexual conduct plus a 
story line to add alleged social importance to the films. Also 
a bookstore proprietor was brought to trial resulting in a hung 
jury in favor of conviction. During the year six appeals from 
the lower courts were successfully defended by this office, 
including a suit brought in the Ninth Circuit Court of Appeal. 
Furthermore, many obscenity cases were concluded without trial 
by way of guilty pleas. 

The District Attorney 1 s office is continuing its prosecu- 
tion of obscene material and exhibitions in theaters, bars and 
bookstores, including prosecution of distributors and producers. 
At this time there are approximately 70 bookstore and theater 
cases pending trial or disposition by plea in the Municipal Court 



-21- 



There are seven felony cases set for trial in the Superior 
Court involving producers, distributors, exhibitors, as well 
as performers of obscene live conduct. 



-?? 



VICE CONTROL 
Since the beginning of the 1971 fiscal year, new procedures 
were implemented by the District Attorney in cooperation with the 
San Francisco Police Department in an effort to better enforce the 
laws relating to pimping and prostitution. These changes dealt 
primarily with: 

1. Training of staff; 

2. Use of the Red Light Abatement Act; 

3. Speedier prosecution of known and suspected pimps. 
Training of Staff - A detailed procedure was established to 

minimize recidivism among prostitutes and to verify the vital 
statistical information of those arrested. Wherever possible, 
attempts were made to "match up" the suspected prostitute with a 
known or suspected pimp. Intelligence information and source in- 
formation was preserved as to each known or suspected pimp. 

Police Department personnel and trial attorneys for the 
District Attorney received special instruction in the investiga- 
tive and prosecutoral aspects of vice control respectively. 

As a result, twice again as many prostitutes were convicted 
in fiscal year 1971 than in fiscal year 1970, and the recidivism 
rate was reduced to less than 3 per cent of the total convicted. 

Use of the Red Light Abatement Act - Penal Code Section 
11225 empowers the District Attorney to bring a civil action 
against the owners of real estate where the property involved has 
been used for purposes of prostitution. It is not necessary that 
the property be used exclusively for this purpose. In prior years 
case files were opened by the District Attorney only upon receipt 
of information furnished by the San Francisco Police Department. 



-23- 



Beginning in 1971, procedures were established to insure that 
case files were opened immediately upon receipt of information 
that prostitution activity had occurred or was occurring at a 
particular location. In fiscal year 1971: 

(a) Fourteen (14) preliminary injunctions were in effect; 

(b) One Hundred Forty-Four (144) property owners had 
voluntarily abated the nuisance which existed; 

(c) Twenty-seven (27) warning notices had not been acted 
upon; 

(d) One Hundred Thirteen (113) investigations were pending. 
Speedy prosecution of known and suspected pimps - In 

cooperation with the Bureau of Special Services of the San Fran- 
cisco Police Department all cases involving suspected and known 
pimps were channeled through the office of an individual Assistant 
District Attorney rather than on the rotation assignment basis' a 
previously employed. This procedure insured that trial assign- 
ments by the courts would result in a speedy disposition of 
pimping cases. In fiscal 1971, forty-five (45) known or suspected 
pimps were convicted in the Superior Court, sixteen (16) of which 
were sentenced to the State Penitentiary. The balance of cases 
resulted in grants of probation with varying periods of county 
jail incarceration as a condition of probation. One case ended 
in acquittal after jury trial, and two others were dismissed 
because the prostitute-witness had fled from California. At the 
time of this writing, there are ten (10) cases awaiting Superior 
Court trial, five (5) awaiting preliminary hearing, and twenty 
(20) in the pre-warrant investigation stage. This contrasts with 
the previous fiscal year where there were approximately ten (10) 
arrests for this activity, two (2) of which resulted in 

conviction. 

-24- 



BUSINESS INVESTIGATION SECTION 

During the past fiscal year Chis section investigated and 
prosecuted the following types of offenses: Embezzlements, Thefts 
by False Pretenses, Corporation Security Violations, Forgeries, 
State Income Tax Violations, and other related criminal activities 

Investigations are initiated by complaints from citizens and 
from Federal, State and City and County agencies. The first step 
in investigation is an interview with the complainant or with an 
investigator from a governmental agency. This is followed by 
securing of further evidence, if needed, and interviews with all 
persons who may be witnesses. A warrant is issued if it is 
determined there are sufficient grounds for a criminal charge. 

In some cases, however, a hearing is held at the Office of 
the District Attorney, at which time all interested parties are 
invited to appear. 

If no further investigation is required, a warrant may issue 
or the matter may be dismissed, depending upon the intricacies of 
the case. 

Following arrest for a felony, the defendant is held to 
answer for trial either through a preliminary hearing or by 
indictment. 

Below are the resumes of some of the more important cases of 
the past year: 

People vs. Allen 

This case involved a bookkeeper who stole approximately 
$100,000 by forging endorsements on checks payable to his 
employer and then deposited them to his own bank account. After 
a plea of guilty the defendant was sentenced to State Prison. 



-25- 



People vs. Curran 
People vs. Rarrell 

These two cases involved individuals who failed to file or 

pay their State Income Taxes. Each pled guilty and after paying 

the back taxes plus penalties of almost 50% plus interest, they 

were placed on probation. 

People vs. Sanchez 

The defendant in this case falsely represented himself to be 
a graduate of the University of California at Santa Barbara, and 
to substantiate this crime gave a fictitious diploma to his 
employer. After a jury trial the defendant was found guilty and 
as a condition of probation ordered to serve six months in the 
County Jail. 

In addition to criminal prosecution this Section has 
continued to obtain injunctive relief in cases involving false 
advertisements and unlawful business practices. During the past 
year approximately 450 cases were received which was a substantial 
increase over the past years. Investigation of these matters 
involve the same procedure as followed in Che criminal matters , 
at the conclusion of T«7hich civil injunctive proceedings may be 
instituted. These injunctive actions are initiated by the filing 
of a civil complaint and the obtaining of a temporary restraining 
order, followed by a preliminary injunction, and ultimately a 
permanent injunction. These proceedings may take from a few 
weeks to many years before ihey are completed. They result not 
only in stopping illegal practices but obtaining up to $2,500 
fine for each violation. At the present time the District 
Attorney's Office has five such actions, in which preliminary 



-26- 



injunctions were obtained, awaiting trial. In addition, i:wo 
cases were disposed of both resulting in permanent injunctions. 
$2,040 in penalties was collected in one and in the other 
$3,823.25 which had been ordered held in trust, is to be returned 
to the victims, and any excess will be turned over to the City 
and County of San Francisco. 

This Section has also continued to secure more effective 
protection for the consumer by participation in various govern- ': 
mental committees whose purpose is not only combating fraudulent 
business practices, but also instituting educational programs for 
the consumer. 



-27 



GRAND JURY 
One important function of the District Attorney is to act 
as legal advisor to the Grand Jury in all criminal matters. He 
is responsible for the presentation of evidence in felony cases 
where an indictment is sought. Witnesses are called and cases 
are presented each Monday evening. When indictments are voted 
they are formally presented to the Presiding Judge of the 
Superior Court on the following Thursday morning. 

During the fiscal year 341 witnesses were called to testify 
before the Grand Jury. A total of 79 indictments were returned 
involving 114 defendants, with a total of 272 charges. 

A review of the Calendar year 1971, indicates the following 
(As of July 21, 1972) 

Total No. of Indictments Filed in 1971 88 

Total No. of Defendants Indicted in 1971 139 

No. of Defendants with Final Disposition 132 

Guilty 122 

Not Guilty 3 

Dismissed by District Attorney 6 

Dismissed by Judge - 995 PC 1 

No. of Defendants Pending Trial 4 

Fugitives 3 

From the above figures it is apparent that of the 132 
defendants whose cases were finally disposed of, 92.57 were 
convicted. 



-28- 



BUREAU OF INVESTIGATION 

This bureau of ten, headed by the Chief Investigator, 
has one Psychiatric Investigator, five investigators assigned 
to the Criminal Division, and four in the division handling 
Aid to Families with Dependent Children. 
Psychiatric Division 

The primary functions of the Psychiatric Division are 
as follows: 

(1) To represent the City and County of San Francisco 
as designated in Section 5114 of the T elf are and Institutions 
Code. 

(2) Investigation of alleged mentally disordered and 
intemperate persons, as well as those addicted to narcotics 
and habit forming drugs; when appropriate taking action under 
the Penal or Welfare and Institutions Codes. 

(3) To interview and advise persons requesting 
information on psychiatric facilities and legal procedures 
relating to the problems of mental illness, alcoholism, and 
drug addiction. 

Section 5114 of the California Welfare and Institutions 
Code specifically assigns the responsibility of presenting 
the People's case at any judicial proceeding under the code 
to the District Attorney. A member of the legal staff has 
been assigned to these duties which include Jury Trials 
demanded by alleged mentally ill. Two of these trials were 
demanded during the past fiscal year, the first required two 
days and resulted in a verdict of not mentally ill, the second 
was dismissed on motion of the District Attorney. 



-29- 



Court appearance by the District Attorney at Frits of 
Habeas Corpus hearings demanded by the alleged mentally ill 
is also mandatory under Section 5114. During the fiscal year 
1971-1972, twelve hearings were held on Frits of Habeas Corpus 
one was granted, eleven denied. 

Complaints concerning mental illness or deficiency, 
alcoholism and drug and narcotic addiction are investigated 
by a psychologist employed by this office and regularly 
assigned to all such cases. T7 henever advisable, a member of 
the legal staff is also assigned, T'liere reasonable and 
probable cause exists and where no relatives or other 
interested parties are located or willing to assume respon- 
sibility, this office takes appropriate action under either 
the Penal or Welfare and Institutions Code. 

During the fiscal year ending June 30, 1972, the 
Psychopathic Division was directly concerned with 232 
investigations . 

Mental Illness 164 
Narcotics & Drugs 41 
Intemperance 27 

In addition, the Psychopathic Division conducted 
numerous investigations during the fiscal year which 
resulted in the locating of relatives or other interested 
persons "ho were willing and able to assume responsibility 
for the patient and arrange private hospitalization or 
psychiatric care without the necessity of court proceedings. 
Many other complaints were found, upon investigation, to be 
without merit, and legal action was unnecessary. 

-30- 



Ci. ,; ~minal Division - Investigators 

The Criminal Investigators assist the legal staff in 
preparation of cases for court by securing evidence, interviewing 
witnesses, obtaining offense reports and criminal records of the 
accused, and serving subpoenas for the attendance of witnesses 
for trials in the Superior and Municipal Courts. One Criminal 
Investigator is assigned to the Business Investigation Section 
to assist the Assistant District Attorney in conducting 
investigations . 

Other duties are the service of all Uniform Reciprocal 
Support Orders and the conducting of various inquiries 
requested by the legal staff. 

Section 4052.01 of the California Penal Code provides 
for the granting of Certificates of Rehabilitation and Pardon 
by the Governor. An investigation of each applicant is 
conducted by the District Attorney to determine eligibility. 
Such investigative reports, in affidavit form, are subsequently 
presented to the Superior Court for its determination. 

Following is a brief summary of the major activities of 

the Criminal Division of the Bureau of Investigation for the 

fiscal year 1971 - 1972: 

Reports and criminal records obtained 8,074 

Subpoenas served 158 

Interviews held 72 

Reciprocal Support Orders served 363 

Certificates of Rehabilitation processed 10 
Direct Assistance in preparation of 

criminal cases for trial 45 
Investigation of applicants as bail 

solicitors or bail bondsman and other 

bail matters 829 
Inquiries into demands made pursuant 

to Section 1381 Penal Code 184 



-31- 



Aid to Families with Dependent Children Division 

Since the enactment of Section 1552.4 (now Section 11475) 
of the Welfare and Institutions Code in 1951, the Department 
of Social Services and the Youth Guidance Center have referred 
47,278 new cases to the District Attorney for investigation. 

This office does not determine the eligibility of 
applicants for aid; such determination is made exclusively by 
the Department of Social Services. The principal functions 
of the AFDC investigators are: 

1. Finding the absent parents to enforce legal 
support obligations. 

2. Instituting proper criminal action against 
those who have fraudulently received aid. 

During the fiscal year 1971 - 1972 

2,092 New AFDC cases referred. 
263 Inactive cases reopened. 
2,645 Active cases held over from last year. 
5,000 Total active case load. 
2,347 Cases closed 
2,653 Active cases as of July 1, 1972. 

Approximately 4,889 interviews f, ere held regarding 

the above cases. 

The following were the reasons for closing 2,347 cases: 

The impossibility of establishing paternity. 

Uniform Reciprocal Support Action by this 
office, whereby an order was obtained for 
support from a responsible parent residing 
outside of California. 

Convictions under Section 270 of the Penal 
Code, resulting in sentences of probation 
or incarceration. 

The complainant left this jurisdiction. 

The defendant was located by this office and 
a support agreement reached for payment 
either to the recipient or the Department of 
Social Services. 



-32- 



The Adult Probation Department took over 
supervision of the absent parent on voluntary 
probation Section 580(d) of the Welfare and 
Institutions Code or per Section 4702 of the 
Civil Code. 213 cases were referred under 
these two sections. 

It is estimated that the AFDC investigators effected 
savings to the taxpayers in the amount of $377,428. 

Paternity 

The increase in illegitimacy is a contributing factor to 

the increase of welfare disbursements. Establishing paternity 

of these children is difficult, but AFDC investigators endeavor 

to have the natural fathers voluntarily acknowledge paternity 

through written statements, and then arrange support payments 

commensurate with the individuals' income. During this 

fiscal year, 169 such statements were obtained by the AFDC 

investigators. 43 additional cawes were referred for review 

for possible civil paternity action. 

Investigations for 
Other Jurisdictions 

Another duty of the AFDC investigators is locating and 
interviewing absent parents, verifying -rages, securing 
voluntary paternity acknowledgments and other data for other 
jurisdictions. Approximately 332 such requests were received 
and processed during this year. 

Welfare Fraud 

Fraud is the general term applied to those cases in which 
there are reasonable grounds to believe that a welfare 
recipient has received aid as the result of wilfully and 
knowingly making false statements or failing to disclose a 
material fact in order to obtain such aid. 



-33- 



Such cases are either initially detected and investigated 

by the AFBC investigators of this office or are referred to 

this office for additional investigation and analysis by the 

Department of Social Services. Depending on the circumstances 

under which the fraud was perpetrated, criminal charges have 

been filed for violations of Welfare and Institutions Code 

Sections 11380 and 11483 (Misrepresentation) , Welfare and 

Institutions Code Section 11054 (Perjury), Welfare and 

Institutions Code Section 11480 (Misuse of Funds) , and Penal 

Code Section 118 (Perjury). 

As a result of the efforts of this office to bring these 

particular matters before the courts, the total number of 

warrants issued, arrests made, convictions secured and 

restitution obtained for fiscal year 1971 - 1972 is indicated 

by the following statistics: 

Case load pending from last fiscal year 

Cases pending further investigation 46 

Arrests - pending court disposition 4 

Unserved warrants 66 

1971 - 1972 Activity 

Suspected fraud cases newly referred 139 

No criminal charges filed by the District 

Attorney due to insufficient evidence, 

statutes, or where civil money judgment 

had been entered in favor of San 

Francisco County 44 

Restitution in the amount of $1,019.50 

obtained as a result of citation hearings 

(no criminal action taken) 16 

Warrants issued 142 

Arrests 104 



-34- 



Convictions 69 

Restitution ordered by court $81,266.00 
Cases pending further investigation 12 
Arrests - pending in court 10 

Unserved warrants 64 

Three defendants were indicted by the Grand Jury. The 
Superior Court found them guilty of violation of Section 132 
of the Penal Code (Conspiracy), Welfare and Institutions 
Code Section 11054 (Perjury), and Telfare and Institutions 
Code Section 11483 (Misrepresentation) . Two were given 
State Prison sentences; the third defendant was given State 
Prison, suspended, on condition he spend one year in the 
San Francisco County Jail. 



-35- 



BUREAU OF FAMILY RELATIONS 

This bureau investigates all complaints of a purported 
criminal nature arising within a family or quasi-family 
situation. 

Four staff members investigate these complaints, which 
include: failure to provide for minor children; failure to 
provide for indigent wives; battery; assault; wife beating; 
disturbing the peace; threats to do bodily harm; malicious 
mischief; mental illness; alcoholism; establishment of " 
paternity upon the complaints of unwed mothers; denial of 
visiting rights to a parent where custody of child or 
children is under court order; various other types of domes- 
tic difficulties. Cases of mental illness or alcoholism 
are referred for investigation to San Francisco General 
Hospital, Psychopathic Division. 

All alternative actions to solution of these domestic 
difficulties are examined prior to the issuance of any warrant. 
District Attorney Complaint notices are issued and hearings 
held to determine whether the alleged crime has been committed. 
The limits of the law are defined to both the complainant and 
respondent. The necessity for issuance of a criminal warrant 
is eliminated in most cases to the satisfaction of all con- 
cerned, thus settling the dispute, saving court costs and not 
adding to crowded court calendars. Referrals may be made to 
the many community agencies offering counseling service to 
those needing particular service. 

During the previous fiscal years, drinking and complaints 



-36- 



of mental illness were given a classification as such. This 
year, when there was no infraction of the California Penal 
Code, proper referrals were given to agencies where the com- 
plainant could seek help for such problems. These complaints 
as a whole were listed under Domestic Difficulties. There 
were, however, 343 complaints of drinking involving pur- 
ported criminal activity and 104 complaints of possible mental 
illness involving purported criminal activity. 

This bureau invokes Section 270 of the California Penal 
Code (failure to provide for minor children, both legitimate 
and illegitimate). Every effort is made to secure voluntary 
support. Although 1,039 complaints of non-support were made, 
only 19 warrants for arrest were issued. There were 29 
voluntary referrals made to the Adult Probation Department 
under Section 580 (d) of the California Welfare and Institu- 
tions Code. The members of the staff were, in most cases, 
able to secure the cooperation of the fathers as a result of 
citation hearings. 

A great deal of time and effort was exerted in searching 
for defendants who did not reside in this jurisdiction or in 
California, through the many sources available to this office. 

There is a voluminous correspondence with the following 
agencies; California Bureau of Criminal Identification and 
Investigation; California Department of Employment; Armed 
Forces of the United States; unions; employers; District 
Attorneys in other jurisdictions. 

Effective as of 1972, the Bureau of Family Relations 

-37- 



now makes direct referrals to the Uniform Reciprocal Enforce- 
ment of Support Division in the District Attorney's Office. 
Approximately 16 referrals were made for URESA processing. 
Previously non-welfare mothers were referred for this civil 
remedy to an attorney of their choice, which in many cases, 
was costly and time consuming. 

During the year, 1,867 complaint notices were mailed; 
1,494 hearings were held; and 1,900 referrals were made. 
Approximately 12,000 telephone inquiries regarding case 
status, specific complaints, and general information were 
handled by this bureau. 

Included under miscellaneous were approximately 19 
referrals from the Department of Social Services that were 
processed for Medical Need Only Therapeutic Abortions. 

Although not listed in a classification per se, there 
has been a noticeable increase of complaints on the use of 
narcotics within a family or quasi-family situation. Referrals 
are made to agencies offering assistance with the problem of 
drug abuse. In many instances complaints are brought directly 
to the Narcotics Detail when information given to an investi- 
gator may be of significant interest to the Narcotics Bureau. 

The Bureau of Family Relations processed the following 
complaints during the fiscal year: 

CLASSIFICATION CASES 

653 (m) (Annoying Telephone Communications) 305 
270 Penal Code (Non-Support of Minor Children) 1,039 
270 (a) Penal Code (Non-Support of Indigent Wife) 27 



-38- 



CLASSIFICATION CASES 

242 Penal Code (Battery) 

415 Penal Code (Disturbing the Peace) 

594 Penal Code (Malicious Mischief) 

279 Penal Code (Denial of Visiting Rights) 

273 (d) Penal Code (Felony Wife Beating) 

Mental Illness 

Unwed mothers (establishment of paternity) 

Drinking 

Domestic Difficulties 

Threats 

Miscellaneous 

TOTAL: 7,921 



1 


,755 


1 


,212 




265 




108 




8 




154 




100 




343 


1 


,072 




722 




811 



-39- 



UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT DIVISION 



ANNUAL REPORT 
JULY 1, 1971, through JUN E 30, 1972 

This division, as its primary function, conducts civil 
actions under the Uniform Reciprocal Enforcement of Support Act 
to secure support for local children from fathers who live in 
another state or county, and to secure child support payments 
from residents of San Francisco whose dependents reside in other 
jurisdictions. The division also initiates and prosecutes civil 
paternity actions against the alleged fathers of San Francisco 
children dependent upon welfare, when paternity has been denied. 
In addition, the division conducts civil contempt proceedings 
under Section 4702 of the Civil Code against persons who, by 
provision in divorce decrees, are under a court order to pay 
child support through the San Francisco Adult Probation 
Department and have failed to do so a Finally, the division 
secures civil judgments against insurance companies as to bail 
bonds which were issued by the companies to guarantee the 
appearance in court of criminal defendants and subsequently were 
declared forfeited by the Superior Court when the defendants 
failed to appear. 

As regards the reciprocal support function, the activities 

of the fiscal year are summarized as follows : 

CASES INITIATED FOR LOCAL CHILDREN 58 

AVERAGE NUMBER OF SUCH CASES PER MONTR .... 4.83 

CASES INITIATED FOR CHILDREN OF OTHER 

JURISDICTIONS 231 

AVERAGE NUMBER OF SUCH CASES PER MONTH .... 23.42 



■40- 



TOTAL RECIPROC/L SUPIORT GASES PROCESSED .... 339 

AVERAGE OF NE'T RECIPROCAL SUtPORT CASES 

PER MONTH 28.25 

CONTEMPT CIT/TIONS INITIATED FOR PAYMENT 
DELINQUENCIES 69 

CHANGES OF VENUE FROM SAN FRANCISCO TO 

OTHER JURISDICTIONS 32 

JHANGES OF VENUE TO SAN FRANCISCO FROM 

OTHER JURISDICTIONS 7 

TRANSFERS OF SUPPORT ORDERS FROM OTHER 

JURISDICTIONS 4 

In a substantial number of the reciprocal support cases 
which are initiated the defendant either moves out of San 
Francisco or proves to have so little income that the court will 
not issue a support order. Despite these factors,: many support 
orders were secured. The results in that regard can be summa- 
rized as follows: 

SUPPORT ORDERS ENTERED 118 

SUPPORT ORDERS MODIFIED 3 

INTERIM ORDERS RE CONTEMPT . 88 

WAGE ASSIGNMENTS ENTERED 34 



TOTAL ORDERS SECURED FOR OTHER 

JURISDICTIONS 243 



SUPPORT ORDERS OBTAINED BY OTHER 

JURISDICTIONS 34 



One hundred and ninety- two potential civil paternity cases 
were referred to the division and were reviewed and evaluated 
during the past fiscal year. Seventy civil paternity cases were 
initiated by the division, and work was continued on sixteen 
-ivil paternity cases which had been initiated in previous 
fiscal years. The status of these cases as of June 30, 1972 , 



.41. 



can be summarized as follows: 

PATERNITY JUDGMENT AND SUPi ORT ORDER SECURED ... 12 

DEFENDANT ACKNOWLEDGED PATERNITY AND /GREED 

TO P/.Y CHILD SUPPORT 2 

PATERNITY JUDGMENT SECURED: SUIT ORT ORDER 

'.P2M2XSG 2 

CHILD BEING ADOPTED BY MOTHER'S NEW HUSBAND ... 2 

PLEADINGS NOT YET SIGNED BY THE MOTHER 15 

SERVICE OF SUMMONS IN PROGRESS 12 

DISCOVERY PROCEEDINGS IN PROGRESS 13 

DEFENDANT SERVED: ANSWER NOT YET RECEIVED .... 7 

DEFENDANT UNAVAILABLE FOR PROSECUTION ...... 8 

MOTHER REFUSED TO COOPERATE FURTHER IN THE CASE . . 5 

MOTHER AND CHILD MOVED OUT OF SAN FRANCISCO .... 3 

DEFENDANT PROVED TO BE TOTALLY INDIGENT 3 

MOTHER'S CLAIM PROVED TO BE UNFOUNDED 1 

DEFAULT JUDGMENT HEARING PENDING 1 



TOTAL 86 



The statistics regarding :ases referred to this division 

by the Adult Probation Department under Section 4702 of the Civil 

Code are as follows: 

NUMBER OF NEW CASES REFERRED 68 

INTERIM ORDERS ENTERED, INCLUDING THOSE 

PERTAINING TO CASES PREVIOUSLY REFERRED 76 

WAGE ASSIGNMENTS ENTERED 35 

SUPPORT ORDER MODIFICATIONS ISSUED . 10 

The division also processed motions on behalf of the Adult 

Probation Department co have the court suspend its previous 

order directing the Department to receive and disburse child 



•42 



support payments in ninety-five cases. 

The Superior Court issued collection orders as to seventy- 
six bail bonds which had previously been declared forfeited. 
The division dealt with these collection orders as follows: 

SUMMARY JUDGMENTS SECURED . 69 

PAID BEFORE SUMMARY JUDGMENT 5 

SUMMARY JUDGMENT PENDING ON JUNE 30, 1972 ... 1 
ON APPEAL 1 



TOTAL 76 



Three summary 'judgments were set aside on motions presented 

to the court. Fifty-one judgments totalling $78,565.00 were 

collected during the year. Collections ordered prior to July 1, 

1972, which remained uncollected on that date could be summarized 

as follows: 

COLLECTION PRESENTLY PRECLUDED BECAUSE THE 

COLLECTION ORDER HAS BEEN APPEALED $101,625 

COLLECTION PRESENTLY PRECLUDED BECAUSE THE 

BONDING COMPANY IS IN LIQUIDATION 50,575 

COLLECTIONS IN PROCESS AT END OF FISCAL YEAR . 16,250 



TOTAL UNCOLLECTED $168,450 



-43- 



64 3 %